Karnataka High Court
Syed Khusro Waliullah Hussaini vs Sri B Bharat on 14 November, 2024
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NC: 2024:KHC:46258-DB
CCC No. 723 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
CCC NO. 723 OF 2024 (CIVIL)
BETWEEN:
1. SYED KHUSRO WALIULLAH HUSSAINI
S/O. SYED AHMED HUSSAINI
OCC: ENGINEER/ PRIVATE SERVICE
AGE ABOUT: 47 YEARS
No. 3/83, NEAR DARGA
POST: GULSARAM - 585 202
TQ: WADGERE, DIST: YADGIR
...COMPLAINANT
(BY SRI SYED KHUSRO WALIULLAH HUSSAINI,
COMPLAINANT-IN-PERSON)
AND:
1. SRI B. BHARAT
Digitally POLICE INSPECTOR
signed by HIGH GROUNDS POLICE STATION
AMBIKA H B MILLERS ROAD, VASANTH NAGAR
Location: BENGALURU - 560 052
High Court
of Karnataka 2. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HOME
VIDHAN SOUDHA
BENGALURU - 560 001
...ACCUSED
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF
CONSTITUTION OF INDIA, PRAYING TO SECURE THE PRESENCE
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CCC No. 723 of 2024
OF THE ACCUSED PERSON, INITIATE CONTEMPT PROCEEDINGS
AND PUNISH HIM FOR HAVING COMMITTED CONTEMPT OF THE
ORDER DATED 12.06.2024 PASSED BY THIS HON'BLE COURT IN
W.P. NO.18075/2023 (GM-POLICE), PRODUCED AT ANNEXURE - B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard complainant-party-in-person Mr. Syed Khusro
Waliullah Hussaini and learned Government Advocate Mr. K.S.
Harish for the respondents, who appeared upon service of copy of
this petition in advance.
2. The present contempt petition arises out of the order dated
12.06.2024 passed by learned Single Judge while disposing the
writ petition. The prayer in the writ petition was to direct
respondent No.1-Police Inspector, High Grounds Police Station,
Bengaluru, to register the complaint dated 22.11.2022 submitted by
the petitioner.
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3. The said petition came to be disposed of with the following
direction, found in paragraph 5 of the order,
"In view of the aforesaid facts and
circumstances, the writ petition stands disposed of
directing respondent No.1 to take necessary steps
in accordance with law pursuant to the complaint
dated 22.11.2022 at Annexure-E submitted by the
petitioner bearing in mind and strictly in
accordance with the principles laid down in the
case of Lalitha Kumari Vs. The Government of
Uttar Pradesh and others - (2014) 2 SCC, as
expeditiously as possible."
4. Countering the case that contempt of Court is committed,
compliance affidavit is filed by one Mr. B. Bharath, son of
Basavaraj, holding the post of Police Inspector, High Grounds
Police Station, Bengaluru in which in paragraph 4 it is stated thus,
"4. On consideration of the complaint made
by the complainant action has been taken in
accordance with the provisions of Section 173
(3)(1) of Bharathiya Nyaya Suraksha Samithi,
2024. As per the provisions of BNSS the Notices
were issued to the opposite persons namely Sri
Lathief Sheik on 10.07.2024, Sri Sheik Hussain
Shariff on 12.07.2024 and Sri Khan Farveg on
19.07.2024 for preliminary enquiry."
4.1 Thereafter, he has stated,
"... The opposite parties have produced
documents and accused have conducted
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preliminary enquiry against all 3 persons. After
the said enquiry, the accused/respondents have
recorded the statement of all the above
mentioned three persons. Based on the enquiry,
an Endorsement dated 23.07.2024 has been
issued to the complainant."
4.2 It is stated that the endorsement dated 23.07.2024 which is
issued to the complainant is guided by the principles laid down by
the Supreme Court in Lalitha Kumari Vs. The Government of
Uttar Pradesh and others [(2014) 2 SCC].
4.3 It appears that the complainant's allegations are in respect of
encroachment of property by the opposite parties alleging violation
of Sections 52 and 54 of the Waqf Act. It is further stated that in
respect of the said encroachments, almost 100 applications are
filed and are pending before the Karnataka State Administrative
Tribunal, Belagavi. The encroachments are inquired into and
reports have been submitted to the jurisdictional Deputy
Commissioner for further action in accordance with law.
4.4 In the compliance affidavit, it is therefore stated that in view
of the similar complaints having been pending before the
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Karnataka State Administrative Tribunal, the complaint of the
present complainant shall also sail in the same way.
4.5 The copy of the endorsement dated 23.07.2024 passed by
the Police Inspector-respondent No.1 herein is also produced on
record, wherein it is stated that statements were recorded, legal
notice came to be issued to the encroachers of the Dargah
property and the statements of persons interrogated in respect of
the said Dargah encroachment named Vijayapura Dargah,
applications are filed in the Karnataka Waqf Tribunal at Belagavi
Division and the said applications are at the stage of trial.
4.6 After recording the aforesaid facts, in the last paragraphs of
the endorsement, the following is stated,
"The matter in the complaint and the
statement of the opponents have been checked
and related to the matter already in the
complaint, Lathif Shaik. The Waqf Board has
conducted an inquiry on the consultant and has
given a warning and transferred him to another
side because of the delay in investigating the
complaint. It is related to administrative matter.
And regarding the properties of the Dargah
mentioned in the complaint, it is found that the
CEO has already inquired against those who
have violated the Karnataka Waqf Act 52 and 54
and given the responsibility to take back the
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encroached properties of the Waqf Dargah to
the concerned Tahsildar for further action
through the Collector. And it is known that 100
cases have been registered in the Karnataka
Waqf Tribunal Court of Belgaum Division
against those who have violated the Karnataka
Waqf Act 52 and 54 of the said dargah.
Therefore, regarding the complaint dated:
22/11/2022, according to the order of the
Hon'ble Court in Order No.: 18075/2023, he
attended the police station on date: 09/07/2024
and registered the complaint in police station
application no: 70/2024 for preliminary
investigation. Notice is given to the opponents
and the statement is obtained as above. The
subject matter of the said complaint relates to an
administrative matter. And since 100 cases
have already been registered in the Karnataka
Waqf Tribunal Court of Belgaum Division for
violation of Karnataka Waqf Act 52 and 54, they
are hereby informed that they can file their
complaint before the concerned
department/authority/court and solve their
problem as the matter of the said complaint
does not come under our purview."
5. From the above facts narrated, it could be said that the
directions of learned Single Judge are compiled with. The
proceedings of the contempt are not required to be continued.
6. At the same time, if the complainant has any grievance about
the endorsement, he is not precluded from challenging the same by
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instituting independent proceedings in accordance with law, in
respect of which, this Court does not express any opinion.
7. The petition is disposed of accordingly.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
CR
