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2025 DAILYLAW 4057 (KAR)

SYED MEHABOOB SHARIF S/O IBRAHIM SHARIF MUJAWAR v. THE KARNATAKA STATE BOARD OF AUQAF

WP/101395/2024 · 2025-02-10

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:2541 WP No. 101395 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101395 OF 2024 (GM-RES) BETWEEN: SYED MEHABOOB SHARIF S/O. IBRAHIM SHARIF MUJAWAR, AGE. 68 YEARS, OCC. MUJAWAR, R/O. HAZARAT MARDANRGAIB DARGAH, KOPPAL, DIST. KOPPAL- 583231. …PETITIONER (BY SRI. SAJID AHMED GOODWALA, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF AUQAF, REP. BY ITS CHIEF EXECUTIVE OFFICER, DARUL-AWKAF NO.6, CUNNINGHAM ROAD, BENGALURU- 560052. 2. THE DISTRICT WAKF OFFICER, DISTRICT WAKF OFFICE, MOULANA AZAD BHAVAN, KOPPAL, DIST. KOPPAL- 583231. 3. THE PRESIDENT, MANAGEMENT COMMITTEE OF DARGAH HAZRATH MARDAN GHAIB (SUNNI), KOPPAL, TAL. AND DIST. KOPPAL- 583231. 4. SUPERINTENDENTOF POLICE, DISTRICT POLICE DEPARTMENT, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2541 WP No. 101395 of 2024 KOPPAL, TAL. AND DIST. KOPPAL- 583231. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R4 SRI D.L. LADKHAN ADVOCATE FOR R1 & R2, NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO CONSIDER THE CASE, AS DIRECTED BY THIS HON’BLE COURT IN W.P.NO. 106878/2023 (GM-RES) WHICH HAS BEEN DISPOSED OFF ON 20/01/2024 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO PERMIT THE PETITIONER TO PERFORM THE DAY TO DAY RITUALS AND FUNCTIONS OF THE HAZARAT MARDANEGAIB DARGAH, KOPPAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a) Issue a writ in nature of mandamus directing the 2nd respondent to consider the case, as directed by this Hon’ble court in W.P.No. - 3 - NC: 2025:KHC-D:2541 WP No. 101395 of 2024 106878/2023 (GM-RES) which has been disposed off on 20/01/2024 vide Annexure-E, in the interest of justice and equity. b) Issue a writ in nature of mandamus directing the respondent authorities to permit the petitioner to perform the day to day rituals and functions of the Hazarat Mardanegaib Dargah, Koppal, in the interest of justice and equity. c) And grant such other relief as this Hon’ble Court may deem fit in the circumstances of the case. 2. Learned counsel for the respondents would submit that representations are already been considered and endorsement to that effect is also communicated to the petitioner. 3. Learned counsel seeks liberty to challenge the said endorsement. 4. Reserving such liberty to the petitioner, the petition stands disposed as having rendered infructuous. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 14