Ziaulla Khan vs State of Karnataka and Others

H.N. Nagamohan Das, J.—In this writ petition the petitioner has prayed for a writ of mandamus directing the first respondent to hold an enquiry against respondents 3 and 4 for alienating and allowing unauthorised construction in Sy. Nos. 7/1 and 7/2 of Sultan Tippesandra Village, Kolar and for other reliefs.

It is seen from the record that on earlier occasion one Sardar Khan and four others approached this Court in WP No. 12751/2005 for a direction against the respondents to evict the unauthorised occupants of the land in question and also not to allow any further unauthorised construction. The respondent -Wakf Board filed statement of objections in the said writ petition stating chat they have made all efforts to stop the illegal constructions and also had taken initiative to evict the unauthorised occupants. Considering this statement made by the Wakf Board a Division Bench of this Court disposed W.R. No. 12751/2005 vide order dated 2.12.2005 with an observation as under:

Now, that the respondents have taken initiative and also ensured that no construction is raised over the land in dispute, which is a kabristan, we find that there is no need to proceed further with the petition. But, it is however made clear that the respondents shall pursue the Action, which is now initiated, till its logical conclusion. We trust and hope that the respondents will do the needful in the matter With this observation, the petition filed by the petitioners stands disposed of

The grievance of the petitioner herein is that despite the undertaking given to the Court, the third respondent - Wakf Board has not evicted any unauthorised occupants nor stopped the illegal construction. Therefore, the petitioner is seeking a direction to the first respondent to hold an enquiry against the officials of the third respondent - Wakf Board. Petitioner has not given any representation to the first respondent in this regard. Liberty is reserved to the petitioner to approach the first respondent with a request in writing for appropriate relief. If such a request is made by the petitioner, then the first respondent shall consider the same in accordance with law. With the above observation, the writ petition is hereby disposed of.