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2025 DAILYLAW 60657 (KAR)

ABDULHAMID S/O WALIALLAH YADWAD v. KARNATAKA STATE MINORITIES WELFARE

WP/104550/2025 · 2025-12-10

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17875 WP No. 104550 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104550 OF 2025 (GM-WAKF) BETWEEN: ABDULHAMID S/O. WALIALLAH YADWAD, AGE: MAJOR, OCC. SERVICE, R/O. 57 GOULI GALLI, BHANDIWADBASE, HUBBALLI-580020. …PETITIONER (BY SRI. SANTOSH B MALLIGAWAD, ADVOCATE) AND: 1. KARNATAKA STATE MINORITIES WELFARE HAJJ, & WAQF DEPARTMENT, VIKAS SOUDHA BENGALURU KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY/SECRETARY-500001. 2. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF DARUL AUQAF, NO. 6 CUNNINGHAM ROAD , BENGALURU-500001. 3. THE CHAIRMAN KARNATAKA STATE BOARD OF AUQAF DARUL AUQAF, NO. 6 CUNNINGHAM ROAD, BENGALURU. 4. THE DISTRICT WAQF OFFICER, DHARWAD DISTRICT WAQF OFFICE, MAULANA AZAD BHAVAN, SADHANKERE ROAD, DHARWAD -08 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17875 WP No. 104550 of 2025 5. THE ADMINISTRATOR GAIBUSHA VALI MAKAN (SUNNI) BHANDIWAD BASE HUBLI-580020. …RESPONDENTS (BY SRI.T. HANUMREDDY, AGA; SRI. MOHAMMED ALI, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2 TO IMPLEMENT THE ORDER PASSED BY RESPONDENT NO.1 IN CASE NO.MWD 08 WLM 2022 DATED 05/01/2023 VIDE ANNEXURE-C. THIS WRIT PETITION, COMING ON FOR ORDERS 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 the nature of mandamus directing respondent No.2 to implement the order passed by Respondent No.1 in case no.MWD 08 WLM 2022 dated 05/01/2023 vide Annexure-C. b. Issue a writ in the nature of mandamus directing respondent No.2 to consider representation dated 07/08/2024 and 21/12/2024 vide Annexure-F and F-1. c. Grant any other relief which this Hon’ble Court may deem fit in the interest of justice and equity.” 2. Learned counsel for the petitioner, in the peculiar circumstances of the case, seeks a direction to the respondents to implement the order passed by respondent No.2. - 3 - HC-KAR NC: 2025:KHC-D:17875 WP No. 104550 of 2025 3. Learned counsel for the respondents submits that a part of the said order has already been implemented, as the elections have been completed and the term of the committee has come to an end. 4. It is further submitted that the remaining part of the order will be considered, strictly in accordance with law, if reasonable time is granted. 5. In the light of the said submission, respondent No.2 shall consider the order passed by respondent No.1-the Principal Secretary, strictly in accordance with law, if not already considered. 6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 151