High CourtsSingle Bench(2025) 03 KAR CK 0521

Mohammed Ameen Mukhtiyar vs Karnataka State Board Of Auqaf Cunningham Road Bengaluru-560001 By Its Chief Executive Officer & Ors.

Karnataka High Court, Principal Bench · Decided on 28 March 2025

HON’BLE JUDGES
M. Nagaprasanna, J
RESULT
Partly Allowed
CASE NUMBER
Writ Petition No. 585 Of 2023 (GM-WAKF)

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Judgment

5 paragraphs · 207 words

S.G. Pandit, J

1.

Heard learned counsel Sri.Hasan Magadi for Sri.Naveed Ahmed, learned counsel for the petitioner and learned counsel Smt.Swathi Ashok for Sri.Ramakrishna Srinivasan, learned counsel for respondent No.2. Perused the writ petition papers.

2.

Petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus or any other writ, directing respondent No.1 to act upon the order dated 21.05.2013 bearing No.KBW/CMC/35/BNU/2009-10 (Annexure-A) by considering the representation dated 11.10.2022.

3.

Learned counsel for respondent No.2 files a memo dated 30.08.2024 today before this Court enclosing the order dated 21.12.2017 in Appeal No.KSBW/1/BNU/CMC/2013 passed by the Karnataka State Board of Auqaf, which indicates that the order, which the petitioner wants implementation is set aside by the Appellate Authority. The petitioner suppressing the fact of setting aside order dated 21.12.2017 is before this Court seeking for a writ of mandamus to implement the order which has already been set aside by the Appellate Authority.

4.

In the above circumstances, the writ petition stands rejected, with cost of Rs.10,000/- which shall be paid to first respondent/Karnataka State Board of Auqaf. Failing to pay the cost, the first respondent is at liberty to proceed to recover the same by initiating appropriate proceedings.