Karnataka High Court
Syed Ghouse Mohiuddin Khadri vs Sri Khan Parvez on 28 November, 2023
Author: R.Devdas
Bench: R.Devdas
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NC: 2023:KHC-K:8878-DB
CCC No.200170 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR.JUSTICE R.DEVDAS
AND
THE HON'BLE MR.JUSTICE C M JOSHI
CIVIL CONTEMPT PETITION NO.200170 OF 2023
BETWEEN:
SYED GHOUSE MOHIUDDIN KHADRI
S/O SYED HYDER NOORULLA KHADRI
AGE: 70 YEARS, SAJJADANASHIN AND
MUTAWALLI DARGAH HAZARAT PEER
PASHA KHASRI (RH) AND MASJID
PEER PASHA KHADRI, KOPPAL
R/O. PALTAN STREET, KOPPAL
PRESENTLY RESIDING AT NO.13-4-56/B
KARWAN SAHU, HYDERABAD - 500 006.
...COMPLAINANT
Digitally signed by
VARSHA N
RASALKAR
(BY SRI.SACHIN M.MAHAJAN, ADVOCATE)
Location: High Court
Of Karnataka
AND:
SRI KHAN PARVEZ
CHIEF EXECUTIVE OFFICER
THE KARNATAKA STATE BOARD OF AUQAF
DARUL AUQAF, CUNNIGHAM ROAD
BENGALURU - 560 001.
...ACCUSED / RESPONDENT
(BY SRI. P.S.MALIPATIL, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT - 1971 R/W ARTICLE 215 OF THE
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NC: 2023:KHC-K:8878-DB
CCC No.200170 of 2023
CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED FOR HAVING
WILLFULLY COMMITTED CONTEMPT OF COURT BY DISOBEYING
AND VIOLATING THE ORDER PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT IN W.P.NO.201974/2023,
WHICH IS PRODUCED AT ANNEXURE-A AND PUNISH THE
ACCUSED / RESPONDENT IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
R.DEVDAS J., MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
During the course of these proceedings, the
respondent has filed an affidavit stating that the
respondent has questioned the order passed by the
Karnataka State Wakf Tribunal in CRP No.200082/2023
before the learned Single Judge. It is stated that being
aggrieved by the judgment and decree dated 23.12.2020,
the respondent filed a petition in Civil Miscellaneous
No.5/2022 before the Karnataka State Wakf Tribunal,
Kalaburagi. But the same was dismissed by order dated
26.09.2022. Thereafter, a writ petition in
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W.P.No.100257/2023 was filed by the respondent before
the High Court of Karnataka, Dharwad Bench on a wrong
presumption that the matter arose out of the Koppal and
therefore, the jurisdiction would lie before the High Court
of Karnataka, Dharwad Bench. However, having realised
that the jurisdiction lies with this Court, the said writ
petition was withdrawn with liberty to file a fresh petition
before this Court. A Civil Revision Petition in CRP
No.200082/2023 has been filed before this Court.
2. On the previous date of hearing, learned
Counsel for the complainant had submitted that the said
Civil Revision Petition was also dismissed for non-
compliance of office objections on 13.10.2023. However,
learned Counsel for the respondent has clarified that by
order dated 18.11.2023, learned Single Judge allowed
I.A.No.2/2023 and recalled the order dated 13.10.2023.
3. Having regard to the fact that the respondent
has challenged the original order passed by the Karnataka
State Wakf Tribunal, which order was passed in favour of
NC: 2023:KHC-K:8878-DB
the complainant herein, unless the Civil Revision Petition is
disposed of, the respondent will not be in a position to
pass any orders as was directed by the learned Single
Judge.
4. In that view of the matter, the contempt
proceedings stand closed granting liberty to the petitioner
to contest the matter before the learned Single Judge in
CRP No.200082/2023.
5. Needless to observe that liberty, if need be,
shall be reserved to the complainant herein to revive this
contempt petition, if the Civil Revision Petition filed at the
hands of the respondent is dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
