NOORAHAMED ALIAS NOORMOHAMMED S/O ABDULSAHEB MUJAWAR, vs SHRI MADAR PATIL

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HC-KAR
NC: 2026:KHC-D:16584-DB
CCC No. 100414 of 2025


CNR: KAHC020241222025



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 7 DAY OF OCTOBER, 2026


PRESENT

THE HON'BLE MR. JUSTICE M.I.ARUN

AND

THE HON'BLE MRS JUSTICE USHARANI

CIVIL CONTEMPT PETITION NO. 100414 OF 2025


BETWEEN:

NOORAHAMED @ NOORMOHAMMED
S/O ABDULSAHEB MUJAWAR,
AGE. 81 YEARS, OCC. MUTHAVALLI,
R/O. DARGA GALLI NO-154,
RADDER GALLI, INDIRA NAGAR, HOSUR,
TQ. JAMKHANDI, DIST. BAGALKOT-587 314.
…COMPLAINANT







(BY SRI. GIRISH A YADAWAD, ADVOCATE)

AND:


SHRI. MADAR PATIL
AGE. MAJOR, OCC. DISTRICT WAQF OFFICER,
DISTRICT WAKF OFFICE,
MOULANA AJAD MINORITIES BHAVAN,
DISTRICT ADMINISTRATIVE COMPLEX,
NAVANAGAR, BAGALKOT-587103.
…ACCUSED
Digitally
signed by
YASHAVANT
NARAYANKAR
Date:
2026.10.13
11:13:12
+0530
YASHAVANT
NARAYANKAR

(BY SRI. D.L. LADKHAN, ADVOCATE)
THIS CCC IS FILED UNDER SECTION 11 R/W 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO, TAKE

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HC-KAR
NC: 2026:KHC-D:16584-DB
CCC No. 100414 of 2025


CNR: KAHC020241222025


COGNIZANCE OF THE OFFENCE OF CONTEMPT OF COURT
COMMITTED BY THE RESPONDENT / ACCUSED HEREIN UNDER
SECTION 11 OF THE CONTEMPT OF THE COURTS ACT, 1971
AND INITIATE CONTEMPT OF COURT PROCEEDINGS AS PER
THE PROVISIONS OF CONTEMPT OF COURTS ACT, 1971,
AGAINST THE RESPONDENT/ACCUSED HEREIN AND PUNISH
HIM FOR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE
INTERIM ORDERS DATED 17.12.2024 AND 17.02.2025 PASSED
BY THE LEARNED SINGLE JUDGE IN WP NO.106626/2024 VIDE
ANNEXURE-J AND L RESPECTIVELY AND PASS SUCH ORDER OR
ORDERS WHICH THIS HON’BLE COURT DEEMS FIT AND
NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
AND
HON'BLE MRS JUSTICE USHARANI

ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.I.ARUN)


1. The contempt petition has been filed alleging
disobedience of the interim orders dated 17.12.2024 and
17.02.2025 passed in W.P.No.106626/2024.

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HC-KAR
NC: 2026:KHC-D:16584-DB
CCC No. 100414 of 2025


CNR: KAHC020241222025


The order dated 17.12.2024 reads as under:
“ORAL ORDER
Learned counsel for the petitioner files a memo
along with the orders on I.A.No.1 in O.S. No. 128/2020,
wherein the defendants therein are restrained from causing
obstruction and disturbing day to day work of daily pooja-
Mujawarki-Kidmath-Fatiya Sharif of PeerSirajasab
Mujawarsab Darga and Masjid, situated in CTS No.4684 of
Hosur village, till expiry of Mutawali period of plaintiff No.1
or his removal by WAKF Board whichever is earlier.
2. This order shall continue till next date of hearing.
The petitioner shall not be disturbed from conducting pooja
and other activities.
3. Call this matter on 08.01.2025.
4. Hand delivery of a copy of this order is permitted.”
The order dated 17.02.2025 reads as under:
“ORAL ORDER ON I.A. NO. 1/2025
“Answering the prayer of the petitioner albeit
for an interim order, this Court had passed an
order on 17.12.2024, which reads as follows:
“Learned counsel for the petitioner files a
memo along with the orders on I.A.No.1 in O.S.
No. 128/2020, wherein the defendants therein are

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HC-KAR
NC: 2026:KHC-D:16584-DB
CCC No. 100414 of 2025


CNR: KAHC020241222025


restrained from causing obstruction and disturbing
day to day work of daily pooja-Mujawarki-
Kidmath-Fatiya Sharif of PeerSirajasab
Mujawarsab Darga and Masjid, situated in CTS
No.4684 of Hosur village, till expiry of Mutawali
period of plaintiff No.1 or his removal by WAKF
Board whichever is earlier.
2. This order shall continue till next date of
hearing. The petitioner shall not be disturbed from
conducting pooja and other activities.
3. Call this matter on 08.01.2025.
4. Hand delivery of a copy of this order is
permitted.”
A Coordinate bench had directed that the
petitioner shall not be disturbed from conducting
urus or any other festival. The observation is
already in place.
The learned counsel for the petitioner
submits that the petitioner has filed an application
owing to certain disturbance from others and
would seek direction at the hands of this Court to
peacefully conduct urus festival. Therefore, there
is already an observation in the order dated
17.12.2024. Therefore, there is no necessity to
duplicate the observation. Therefore, the
application so filed is not necessary to be
answered.

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NC: 2026:KHC-D:16584-DB
CCC No. 100414 of 2025


CNR: KAHC020241222025


Ordered accordingly.
Interim order subsisting will continue to the
next date of hearing.”

2. Counsel for the accused submits that as per the
said orders, the complainant is entitled to do day-to-day work
of Pooja ceremonies at Darga/Mosque. He submits that the
orders do not speak about the entitlement of the petitioner to
appropriate the funds received from the devotees during the
said Pooja ceremonies. It is submitted that the accused have
never prevented the petitioner from doing necessary Pooja
ceremonies, however the accused being State Authorities are
taking custody of the money received during Pooja ceremonies
in the Darga/Mosque and are accounting the same in the
manner known to law.

3. Paragraph 13 of the contempt petition reads as
under:
“13. It is submitted that even though the interim
orders as stated above have been passed in the writ
petition, the respondent showing utter disrespect to
the orders passed by this Hon'ble court had
continued causing serious obstruction through his
aide Mr. Ansari Halingli to the complainant in

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HC-KAR
NC: 2026:KHC-D:16584-DB
CCC No. 100414 of 2025


CNR: KAHC020241222025


performing his day-to-day activities of the Darga, in
performing the pooja and other regular activities.
After completion of the annual festivities conducted
from 18.02.2025 to 20.02.2025, the Hundi of the
Darga was opened and it was noted that a total
amount of Rs. 1,21,157/- was collected until
20.02.2025 which was received by the Darga by way
of offering from the devotees. The complainant is
entitled to receive the said amount and use the same
for the maintenance and development of the Darga.
However, the respondent illegally and high handedly
took away the said cash on 20.02.2025 despite
serious objection by the complainant. Since then, the
respondent has illegally retained the said amount
with him despite being a responsible authority
appointed under the Provisions of Waqf Act, 1995.
Copies of the photographs showing the presence of
respondent and Mr. Ansari Halingli and the collected
amount are produced herewith are produced
herewith and marked as Annexure-M to M3.”

4. Though there is allegation of contempt on the part
of the respondent/State by not allowing the petitioner to
perform Pooja ceremonies at the Darga/Mosque, as per the
interim orders, the arguments advanced by the petitioners
make it clear that the grievance of the petitioner is about not
being able to appropriate the amounts received from the

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HC-KAR
NC: 2026:KHC-D:16584-DB
CCC No. 100414 of 2025


CNR: KAHC020241222025


devotees. The interim orders do not contemplate such a
position.

5. For the aforementioned reasons, the contempt
petition is hereby dismissed.

Sd/-
(M.I.ARUN)
JUDGE


Sd/-
(USHARANI)
JUDGE


YAN
CT: CNB
LIST NO.: 1 SL NO.: 3