HUSSAIN SAB vs ILIYAS AHMED ISAMADI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11811-DB
CCC No. 200215 of 2026
CNR: KAHC030105492026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
CIVIL CONTEMPT PETITION NO. 200215 OF 2026
BETWEEN:
SRI HUSSAIN SAB
S/O LATE ABDUL HUSEN MUTHAWALLI,
AGED ABOUT 48 YEARS,
OCC: MUTHAWALLI OF
HUSSAINI ALAM ASHURKHANA (SUNNI),
AYANOOR VILLAGE,
TQ. SINDHANUR,
DIST. RAICHUR-584 128.
…COMPLAINANT
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1. SRI ILIYAS AHMED ISAMADI,
THE KARNATAKA STATE
BOARD OF AUQAF,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER,
DARUL-AUKAF, NO. 06,
Digitally signed
by B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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CCC No. 200215 of 2026
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CUNNINGHAM ROAD,
BENGALURU-560 052.
…ACCUSED
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS,
PRINCIPAL SECRETARY,
DEPARTMENT OF MINORITY
WELFARE AND WAKF,
VIKAS SOUDHA,
BENGALURU-560 001.
… PROFORMA PARTY
(BY SRI. P. S. MALIPATIL, ADVOCATE FOR R1;
SMT. MAYA T.R., AGA FOR R2)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURT ACT 1971 AND R/W ARTICLE 215
OF CONSTITUTION OF INDIA, PRAYING TO INITIATE
PROCEEDINGS FOR CONTEMPT AGAINST THE
ACCUSED/RESPONDENT NO.2 FOR HIS/THEIR WILLFUL,
DELIBERATE, WANTON DISOBEDIENCE OF THE ORDER OF
THIS HON’BLE COURT DATED 28-04-2026, PASSED IN WP
NO.201761/2026 (GM-WAKF) AND FURTHER PUNISH THE
ACCUSED/S FOR CONTEMPT OF COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
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CCC No. 200215 of 2026
CNR: KAHC030105492026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. This contempt petition is filed under Sections 11 and
12 of the Contempt of Courts Act, 1971 read with
Article 215 of the Constitution of India seeking to
initiate contempt proceedings against the
accused/respondents for disobeying the order dated
28.04.2026 passed in W.P.No.201761 of 2026.
2. The learned Single Judge in the impugned order has
issued a direction to respondent No.2 therein to
consider the representation of the complainant/
petitioner vide Annexures-E, E1 to E3 dated
19.07.2025, 22.07.2025, 03.02.2026 and
09.03.2026 and pass appropriate orders on the same
in accordance with law, as expeditiously as possible,
but not later than a period of three months from the
date of receipt of copy of the said order. After
disposal of the said writ petition, the respondents
have not complied with the order passed by the
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CCC No. 200215 of 2026
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learned Single Judge and the respondents have
willfully disobeyed the order passed by the learned
Single Judge. Hence, this contempt petition is filed.
3. Today, Sri P.S.Malipatil, learned counsel for
respondent No.1 has filed an affidavit of Iliyas
Ahmed Isamadi, the Chief Executive Officer,
Karnataka State Board of Aquaf. Paragraphs-3 to 9
of the said affidavit reads as under:
“3 I state that, this Hon'ble Court by order dt
28-4-2026, allowed the Writ Petition and
direction was issued to the Respondent No.2 to
consider the representations of the Complainant
/ Petitioner dt 19-7-2025, 22-7-2025, 3-2-
2026 & 9-3-2026 vide Annexures-E, E1 to E3
expeditiously, but not later than 3 months from
the date of receipt of the copy of the order.
4 I state that, the Complainant was appointed
as Muthawalli of Hussaini Alam Ashoorkhana
(Sunni), Ayanoor Village, Sindhanur, Raichur
Dist. for a period of 3 years by order dt 31-5-
2022. The period of 3 years has expired on 31-
5-2025 and thereafter, the Board has appointed
a caretaker by order dt 19-6-2025 and this
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order of appointment of caretaker is challenged
by the Complainant before the Hon'ble Wakf
Tribunal, at Kalaburagi in Application
No.23/2025 U/Sec.83 of the Wakf Act.
5 I state that, in the meanwhile, the
Complainant has filed the representations for
consideration of appointment as Muthawalli of
the said Ashoorkhana and allow him to continue
as Muthawalli.
6 I state that, the Complainant without
disclosing the above facts before this Hon'ble
Court, has obtained the order dt 28-4-2026 for
consideration of his representations dt 19-7-
2025, 22-7-2025, 3-2-2026 & 9-3-2026 and to
renew his appointment as Muthawalli for further
period.
7 I state that, after verifying the records, it is
noticed that, the Complainant has approached
the Hon'ble Wakf Tribunal at Kalaburagi in
Application No.23/2025 U/Sec.83 of the Wakf
Act for setting aside the order of appointment of
caretaker issued under Rule 54(5) of the
Karnataka Wakf Rules and appointed the
District Wakf Officer as caretaker vide order dt.
19-6-2025 and declare him as a hereditary
Mutawalli to the said Waqf Institution.
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CCC No. 200215 of 2026
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8 I state that, in view of the appointment of
caretaker of the Wakf institution vide order
dated 19-6-2025, the consideration of the
representations of the Complainant dt 19-7-
2025, 22-7-2025, 3-2-2026 & 9-3-2026 as per
the order of this Hon'ble Court dt 28-4-2026,
has been considered and are rejected and an
endorsement Dated:30-10-2026 is issued to the
Complainant. The copy of the endorsement is
produced along with this Affidavit, reporting for
due compliance of the directions issued by this
Hon'ble Court. The Affidavit may therefore, be
kindly be accepted and it is communicated to
the Complainant.
9 I state that, there is a delay in compliance of
the directions of this Hon'ble Court, for which I
regret and tender my un-conditional apology
and I undertake that, no delay would be caused
in complying the directions of this Hon'ble
Court.”
4. From perusal of the compliance affidavit, it would
disclose that respondent No.1 has duly complied with
the order passed by the learned Single Judge and
has also tendered an unconditional apology for the
delay in complying with the impugned order.
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5. As the order passed by the learned Single Judge has
been duly complied with, the compliance affidavit is
taken on record.
6. In view of compliance of the order passed by the
learned Single Judge, nothing further survives for
consideration in this contempt petition. Accordingly,
the contempt proceedings are dropped .
7. Notice is discharged.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
NB
List No.: 2 Sl No.: 5
Ct:pk