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2025 DAILYLAW 84983 (KAR)

A. MOOSA SABHEB v. THE SECRETARY,

WP/106394/2025 · 2025-10-29

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14609 WP No. 106394 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106394 OF 2025 (GM-RES) BETWEEN: A. MOOSA SABHEB, AGE: 46 YEARS, OCC: CLASS-I CONTRACTOR, THE PRESIDENT, TALUKA MINORITY ASSOCIATIONS, HARAPANAHALLI, DIST. VIJAYANGARA. …PETITIONER (BY SRI. N. R. KUPPELUR, ADVOCATE) AND: 1. THE SECRETARY, MINORITY WELFARE DEPARTMENT AND WAKF AND HUZ, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU 01. 2. THE SUPERINTENDENT OF POLICE, VIJAYANAGARA DISTRICT, HOSAPETE - 583 201. 3. THE DEPUTY COMMISSIONER, DIST. VIJAYANAGAR, HOSAPETE – 583 201. 4. THE CIRCLE POLICE INSPECTOR, HARAPANAHALLI POLICE STATION, DIST. VIJAYANGARA – 583 201. 5. THE EXECUTIVE OFFICER, WAKF BOARD NO.6, DARUL WAKF, CUNNINGHAM ROAD, VASANT NAGAR, BENGALURU 560 002. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.10.31 06:27:43 +0000 - 2 - HC-KAR NC: 2025:KHC-D:14609 WP No. 106394 of 2025 6. R. DASTAGIRSAB, SELF DECLARED PRESIDENT OF CHIKKAMASJID, HARAPANAHALLI AND JINDESHIWALI DARGA R/O: HARAPANAHALLI DIST. VIJAYANGARA 583 201. 7. K. ABDULMAJID, SELF DECLARED SECRETARY OF CHIKKAMASJID, HARAPANAHALLI AND JINDESHIWALI DARGA, R/O: HARAPANAHALLI, DIST. VIJAYANGARA – 583 201. 8. MANDAL DADAPEER, SELF DECLARED ACHYAKSHA OF KASAI MASJID, HARAPANAHALLI R/O HARAPANAHALLI, DIST. VIJAYANAGARA – 583 201. 9. RAHAMATULLA PINDARI, AGE: MAJOR, DIST: WAKF OFFICER, HARAPANAHALLI, R/O: HARAPANAHALLI, DIST. VIJAYANAGARA – 583 201. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R4, SRI. J.S. SHETTY, ADV. FOR R5, SRI. B. MUHAMMED ALI, ADV. FOR R5, R6 TO R9 ARE SERVED) THIS WRIT PETTION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 5 TO CONSIDER THE REPRESENTATIONS DATED 17.08.2024 AND 18.08.2024 VIDE ANNEXURE-A TO E INSOFAR AS INITIATING THE CRIMINAL ACTION AGAINST THE RESPONDENTS NO.6 TO 9, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR IN PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14609 WP No. 106394 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer. “1) Issue a Writ of Mandamus directing the respondents no.1 to 5 to consider the representations dated 17.08.2024 and 18.08.2024 vide Annexure-A to E insofar as initiating the criminal action against the respondents No.6 to 9, in the interest of justice and equity. 2) To issue an appropriate direction or relief which deems fit under facts and circumstances of the case.” 2. Heard the learned counsel Sri. N.R. Kuppellur appearing for the petitioner, the learned AGA, the learned counsels Sri. J.S. Shetty and Sri. B. Muhammed Ali for respondents. 3. The petitioner submits a representation to respondent Nos.1 to 4 to register a crime against respondent Nos.5 to 8. The complaint narrates certain allegations. Notwithstanding the complaint, it is the case of the petitioner that no crime is registered against the respondents and therefore, the petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC-D:14609 WP No. 106394 of 2025 4. Learned AGA would submit that action would be taken in strict consonance with the judgment of the Apex Court in the case of Lalita Kumari vs. State of Uttar Pradesh and others1 and necessary action would be taken on the representation submitted by the petitioner. 5. In the light of the said submission, I deem it appropriate to dispose the petition with a direction to the respondents to take action on the representation / complaint of the petitioner in consonance with the judgment of the Apex Court in the case of Lalita Kumari supra. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ASC LIST NO.: 1 SL NO.: 102 1 (2014) 2 SCC 1