- 1 - HC-KAR NC: 2025:KHC:38482-DB WP No. 28977 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 28977 OF 2025 (EDN-RES-PIL) BETWEEN: 1. SRI ABDUL HAMEED PASHA S/O LATE ABDU KHADAR AGE ABOUT 51 YEARS R/A 223, 5TH CROSS GANGONDANAHALLI NAYANDAHALLLI BENGALURU - 560 039. …PETITIONER (BY SRI BASAVARAJA PATEL G.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MINORITY WELFARE HAJ AND WAKF VIKASA SOUDHA BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT OFFICER MINIORITY WELFARE DEPARTMENT V.V. TOWER DR. AMBEDKAR ROAD BENGALURU - 560 001. 3. THE A1 JAMIA MOHAMADIYAH EDUCATION SOCIETY HAVING ITS HEAD OFFICE AT Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38482-DB WP No. 28977 of 2025 No.6/A, HAZRAT TERRACE ANNEX SHAIKH HAFIUDDIN MARG MUMBAI - 400 008. ALSO AT: THE A1-JAMIA MOHAMADIYAH EDUCATION SOCIETY THANISANDRA MAIN ROAD R.K. HEGDE NAGAR BENGALURU - 560 077 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER - MR. KHALID MUSHARRUF S/O R.ABDUL JALEEL AGE ABOUT 48 YEARS. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNTAKA (PUBLIC INTEREST LITIGATION) RULES 2018 PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR DIRECTION, DIRECTING TO THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DATED 28/01/2025 VIDE ANNEXURE-N, TO TAKE ACTION AGAINST THE 3RD RESPONDENT INSTITUTION AND RECOVER THE AMOUNT OF RS.5,00,000/- RELEASED ON 25/10/2017 VIDE ANNEXURE-C WITH ADMISSIBLE INTEREST AND TO TAKE SUITABLE ACTION AGAINST THE 3RD RESPONDENT INSTITUTION PROVISIONS UNDER EDUCATION ACT OR ANY OTHER LAW IF PERMITS, WITHOUT FURTHER LOSS OF TIME & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38482-DB WP No. 28977 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, praying that a direction be issued to respondent No.2 to consider the petitioner's representation dated 28.01.2025 and to take action against respondent No.3 for recovering an amount of `5,00,000/- which was released on 25.10.2017. 2. The petitioner states that on an enquiry, it was found that respondent No.3 (Society) was not registered as a public trust with the concerned authorities. Consequently, on 14.05.2025, a Three Men Committee was constituted to verify the records in respect to respondent No.3. The petitioner alleges that it was prima facie, found that respondent No.3 had availed the recognition from the department by furnishing fraudulent documents. Accordingly, a show cause notice has been issued to the respondent No.3 for withdrawal of recognition. - 4 - HC-KAR NC: 2025:KHC:38482-DB WP No. 28977 of 2025 3. The petitioner states that thereafter, recommendation was made for withdrawal of the recognition for violation of Section 39 (f) of the Karnataka Education Act, 1983 and by an order dated 30.05.2025, the Commissioner of School Education passed an order withdrawing recognition. The petitioner states that although action has been taken for de-recognition but, no action has been taken for recovery of the amount collected by respondent No.3 on the basis of fraudulent representation. 4. It is apparent that the dispute regarding the allegations made are pending consideration in an appeal. Therefore, we do not consider it apposite to make any observations in regard to the allegations made by the petitioner in the present petition. 5. Accordingly, we dispose of the present petition by directing the concerned authority (respondent No.2) to consider the issues raised by the petitioner in the present petition, albeit, in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS, List No.: 1 Sl No.: 11