- 1 - HC-KAR NC: 2025:KHC-D:8799 WP No. 104493 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104493 OF 2025 (GM-RES) BETWEEN: 1. SMT. SAYDA KHUTEJUL KUBRA, W/O. SAYED AHMED KHADRI, AGE: 72 YEARS, OCC: HOUSEHOLD, R/O. HULGUR VILLAGE, TQ: SHIGGAON, DIST: HAVERI-581205. 2. AFTAB PEER S/O. SYED ABDUL KHADAR, W/O. SAYED AHMED KHADRI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. HULGUR VILLAGE, TQ: SHIGGAON, DIST: HAVERI-581205. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, HAVERI, DIST: HAVERI-581110. 2. THE DIRECTOR, MINORITIES DIRECTORATE, M.S. BUILDING, BENGALURU-01. 3. THE DEPUTY COMMISSIONER, MINORITY WELFARE DEPARTMENT, HAVERI, DIST: HAVERI-581110. 4. THE MANAGING DIRECTOR, RAJIV GANDHI RURAL HOUSING VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8799 WP No. 104493 of 2025 CORPORATION NIYAMITA, M.S. BUILDING, BENGALURU-01. 5. THE DEPUTY SUPERINTENDENT OF POLICE, SHIGGAON, DIST: HAVERI-581205. 6. THE CIRCLE POLICE INSPECTOR, SHIGGAON, DIST: HAVERI-58120. 7. KARNATAKA STATE BOARD OF AUQAF, DARUL-A-WAKF NO.6, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINGHAM ROAD, BENGALURU-32. 8. THE DISTRICT WAKF ADVISORY COMMITTEE, HAVERI, DIST: HAVERI-581110, BY ITS WAKF OFFICER. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1-R6; SRI. B. MOHAMMED ALI, ADVOCATE FOR R7 AND R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE i. A WRIT IN A NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 15.05.2025 PASSED BY RESPONDENT NO.1 IN NO. GAASUM/SHAAAYO/SHIGGAON/CR-140/2023-24 VIDE ANNEXURE-D. ii. A WRIT IN A NATURE OF MANDAMUS DIRECTING RESPONDENT NO.7 TO HOLD AN ENQUIRY UNDER SECTION 40 OF WAKF ACT, 1995 AS DIRECTED BY THIS HON’BLE COURT IN W.P NO.64850/2010 DATED 09.09.2022 VIDE ANNEXURE-C AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8799 WP No. 104493 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard the learned counsel for the petitioner and the learned Additional Government Advocate. 2. Learned AGA has filed a memo today. The memo reads as under: Memo “ The Respondent submits as under:- The respondent is not implementing impugned order in W.P. No.104493/2025. A copy of the letter issued by the Deputy Commissioner of Minority Welfare Department Haveri letter to the Managing Director, Rajiva Gandhi, Grameen Vasati Nigama Niyamita Bengaluru dated 11.07.2025, stating that, the new work list will be given after taking recommendation from the Local MLA, in view of the fact that the work in the impugned order is dropped. The copy of the said letter is produced along with this memo for kind perusal of this Hon’ble Court. Hence, this memo.” - 4 - HC-KAR NC: 2025:KHC-D:8799 WP No. 104493 of 2025 3. In view of the submission and the memo by the learned AGA, there is no lis that would survive for consideration, as the work in the impugned order is dropped by the respondent/State. However, learned counsel for the petitioner submits that, in the process of laying the road, the respondents have demolished and damaged certain portion of the property of the petitioner. 4. This Court cannot go into the disputed question of facts. However, liberty could be reserved to the petitioner to take action against the respondents, if he is so advised. 5. Accordingly, I pass the following order: i. This petition is disposed of in view of the memo and dropping of the work in the impugned order. ii. Liberty is reserved to the petitioner to take action against the respondents, if he is so advised, in accordance with law. - 5 - HC-KAR NC: 2025:KHC-D:8799 WP No. 104493 of 2025 iii. No opinion is expressed on the merits of the case. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK