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CDJ 2026 Kar HC 804 My Notes print Preview print print
Court : High Court of Karnataka (Circuit Bench OF Kalaburagi)
Case No : Writ Petition No. 201768 Of 2026 (GM-WAKF)
Judges: THE HONOURABLE MR. JUSTICE S.R. KRISHNA KUMAR
Parties : Syed Habeeb Sarmast Versus The State Of Karnataka, Ministry Of Minority Welfare Department, Represented By Its Principal Secretary, Bengaluru & Others
Appearing Advocates : For the Petitioner: Pramod Maskikar, Advocate. For the Respondents: R1 & R2, Veeranagouda Malipatil, AGA, P.S. Malipatil, Advocate.
Date of Judgment : 29-06-2026
Head Note :-
Constitution of India - Articles 226 & 227 -

Comparative Citation:
2026 KHC-K 4687,
Judgment :-

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to a) issue writ of mandamus in favour of the petitioner and direct the Respondent No.2 to consider the representation dated 20.01.2026 submitted by the petitioner produced at Annexure-A and consequently remove the member viz. madam Kaniz Fatima from member of the Respondent No.3 B) issue a writ of mandamus directing the Respondent No.3 to conclude the enquiry proceedings under Section 52 and 52a of the WAQF Act filed by the Abdul Rahman Patel son of Abdul Basher Patel R/O Shahabad Town, District Kalaburagi 587118 vide complaint/ petition produced at Annexure-E within a time bound as per the Direction of this Hon'ble Court. C) to pass such other orders as this Hon'ble Court deems in the facts and circumstances of the case, in the ends of justice.)

Oral Order

1. Though the matter is posted for preliminary hearing 'B' group, with the consent of both sides, the matter is taken up for final disposal and disposed of by this order.

2. In this petition, the petitioner has sought for the following reliefs:

          "a) Issue writ of mandamus in favour of the petitioner and direct the respondent No.2 to consider the representation dated 20.01.2026 submitted by the petitioner produced at Annexure-A and consequently remove the member viz. Madam Kaniz Fatima from member of the respondent No.3

          b) Issue a writ of mandamus directing the respondent no.3 to conclude the enquiry proceedings under section 52 and 52A of the Waqf Act filed by the Abdul Rahman Patel son of Abdul Basher Patel r/o Shahabad town, District Kalaburagi 587118 vide complaint/ petition produced at Annexure-E within a time bound as per the direction of this Hon'ble Court.

          c) To pass such other orders as this Hon'ble Court deems in the facts and circumstances of the case"

3. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

4. It is the grievance of the petitioner that his representation dated 20.01.2026 at Annexure-A submitted to the respondents has not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition.

5. Per contra, learned counsel for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representation.

6. In view of the aforesaid facts and circumstances and rival submissions, the respondent No.2 is hereby directed to address the grievances of the petitioner and consider his representation dated 20.01.2026 at Annexure-A and pass appropriate order in accordance with law, within a period of three months from the date of receipt of a copy of this order.

7. With the aforesaid directions, the petition stands disposed of.
 
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