Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 35159 (KAR)

SRI MASEEH AHMED v. THE SECRETARY

WP/30975/2024 · 2025-02-06

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5503 WP No. 30975 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 30975 OF 2024 (EDN-RES) BETWEEN: SRI. MASEEH AHMED S/O DHASTAGIR, AGED ABOUT 42 YEARS, RESIDING AT NO. 208/232, BANNERGHATTA ROAD, NEAR SANABIL SCHOOL, HOMMADEVANAHALLI, GOTTIGERE, BANGALORE - 560 083. …PETITIONER (BY SMT. VARALAKSHMI P, ADVOCATE) AND: 1. THE SECRETARY STATE OF KARNATAKA, EDUCATION DEPARTMENT, 1ST FLOOR, M S BUILDING, BENGALURU - 560 001. 2. THE COMMISSIONER PUBLIC EDUCATION DEPARTMENT, NRUPATHUNGA ROAD, BENGALURU - 560 001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BENGALURU SOUTH, KALASIPALYA, BENGALURU - 560 002. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5503 WP No. 30975 of 2024 4. THE BLOCK EDUCATION OFFICER (BEO) BENGALURU SOUTH DIVISION -4, K.R. PURAM, BENGALURU - 560 036. 5. Al-JAMIA MOHAMADIYAH EDUCATION SOCIETY, MUMBAI, HAVING ITS HEAD OFFICE AT NO. 6/A, HAZRAT TERRACE ANNEXEE, SHAIKH HAFIUDDIN MARG, MUMBAI - 400 008, REPRESENTED BY ARSHAD MUKHTAR ALSO AT: JAMIA MOHAMADIYAH EDUCATION SOCIETY, THANISANDRA MAIN ROAD, R.K. NAGAR, BENGALURU - 560 077. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4; SRI. V.B. SHIVAKUMAR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1-4 TO TAKE NECESSARY ACTION AND DISPOSE THE COMPLAINTS WITHIN A TIME LIMIT OF ONE MONTH ON THE COMPLAINTS FILED BY THE PETITIONER I.E. ANN-A, B AND C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:5503 WP No. 30975 of 2024 ORAL ORDER The petitioner is seeking for the following prayers: "a. Issue a writ of Order in the nature of Writ of Mandamus directing the respondent No.1-4 to take necessary action and dispose the complaints within a time limit of one month on the complaints filed by the petitioner i.e., Annexure A, B and C. b. Pass such other order as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity." 2. The inaction on part of the respondents- authorities on the complaints submitted by the petitioner at Annexures-A, B and C has made the petitioner to approach this Court in this writ petition. Several contentions are raised by the petitioners about the existence of respondent No.5-Society, material on record also indicates several civil disputes pending between the petitioner and respondent No.5-Society, now by way of filing complaints/representations before the respondents- authorities for taking appropriate action, the writ Jurisdiction is invoked. - 4 - NC: 2025:KHC:5503 WP No. 30975 of 2024 3. Memo is filed by the State indicating that pursuant to the complaint received from the petitioner, the respondent has taken action by addressing letter to the Public Trusts Registration Office, Mumbai seeking verification of the originality of the document related to public trust-respondent No.5, which is said to be registered at Mumbai. 4. Process Action being initiated, further action being awaited, it is for the appropriate authorities to consider and pass appropriate orders on the representations in accordance with law, the petitioner has not made out any legal right, for the Court to issue a writ of mandamus, more particularly when the parties are litigating in Civil Courts, with the said observations the writ petition stands disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 40 CT: BHK