SYED KHUSRO WALIULLAH HUSSAINI vs SRI MANOZ JAIN
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11402-DB
CCC No. 200196 of 2026
CNR: KAHC030094582026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
CIVIL CONTEMPT PETITION NO. 200196 OF 2026 (-)
BETWEEN:
SYED KHUSRO WALIULLAH HUSSAINI,
S/O SYED AHMED HUSSAINI,
OCC: ENGINEER/PRIVATE SERVICE (AGRICULTURE),
AGE ABOUT: 49 YEARS, 3/83,
NEAR DARGA, POST: GULSARAM-585202.
TQ. WADGERA DIST. YADGIR.
…COMPLAINANT
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1.
Digitally
signed by
SHIVALEELA
D UDAGI
Location:
HIGH COURT
OF
KARNATAKA
SRI. MANOZ JAIN,
PRINCIPAL SECRETARY,
DEPARTMENT OF MINORITY WELFARE AND WAKF,
GOVERNMENT OF KARNATAKA,
VIKAS SOUDHA, BENGALURU-560001.
SMT.SALMA K FAHIM,
PRINCIPAL SECRETARY,
DEPARTMENT OF MINORITY WELFARE AND WAKF,
GOVERNMENT OF KARNATAKA,
VIKAS SOUDHA, BENGALURU-560001.
(Substituted as per order dated 15.102.2026 )
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HC-KAR
NC: 2026:KHC-K:11402-DB
CCC No. 200196 of 2026
CNR: KAHC030094582026
…ACCUSED
2. STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHAN SOUDHA, BENGALURU-560001.
…PROFARMA PARTY
(BY SMT. MAYA T. R, AGA FOR R1 & R2)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURT ACT, R/W ARTICLE 215 OF
CONSTITUTION OF INDIA, PRAYING TO, INITIATE
PROCEEDINGS FOR CONTEMPT AGAINST THE ACCUSED FOR
HIS/ THEIR WILLFUL, DELIBERATE WANTON DISOBEDIENCE
OF THE ORDER OF THIS HON’BLE COURT DATED 11.03.2026,
PASSED IN WP NO.201204/2026 (GM-WAKF) VIDE ANNEXURE-
B AND FURTHER PUNISH THE ACCUSED/S FOR CONTEMPT OF
COURT, IN THE INTEREST OF JUSTICE.
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
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
This contempt petition is filed under Section 11 and
12 of the Contempt of Courts Act, 1971, for disobeying the
order dated 11.03.2026 passed in W.P.No.201204/2026,
wherein the learned Single Judge has disposed of the writ
petition by directing respondent No.2 i.e., Principal
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NC: 2026:KHC-K:11402-DB
CCC No. 200196 of 2026
CNR: KAHC030094582026
Secretary, Department of Minority Welfare and Wakf,
Government of Karnataka, to consider the representation
of the complainant vide Annexure-E dated 13.01.2026 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 order.
2. After disposal of the said writ petition, the
complainant has submitted the representation dated
24.03.2026, making request to the respondent to comply
the directions issued in the aforesaid writ petition. Despite
submitting the representation, the respondent-accused
No.1 did not comply the directions issued by the learned
Single Judge in the aforesaid writ petition. Thus, the
respondent-accused No.1 willfully disobeyed the order
passed by the learned Single Judge. Hence, the contempt
petition.
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NC: 2026:KHC-K:11402-DB
CCC No. 200196 of 2026
CNR: KAHC030094582026
3. Learned AGA appearing for the
respondents/accused, filed an affidavit of Smt.Salma
K.Fahim, I.A.S., working as Secretary to Government
Minority Welfare, Haj and Wakf Department, Vikasa
Soudha, Bengaluru, which reads as follows:
“I, Smt. Salma K. Fahim, I.A.S., working as
Secretary to Government, Minority Welfare, Haj
and Waqf Department, Vikasa Soudha,
Bengaluru-560001, today at Bengaluru, do
hereby solemnly affirm and state on oath as
follows:
1. It is submitted that I am the
Respondent/Accused No.1 in the above
Contempt Petition in my capacity as the
present incumbent of the post of Secretary to
Government, Minority Welfare, Haj and Waqf
Department. I am conversant with the facts of
the case from the records maintained in the
Department, and I am therefore authorised and
competent to swear to this affidavit.
2. It is submitted that the above Contempt
Petition has been filed alleging non-compliance
with the order dated 11.03.2026 passed by the
learned Single Judge of this Hon'ble Court in
Writ Petition No.201204/2026, whereby the
writ petition was disposed of directing
Respondent No.2 to consider the
representation of the Complainant dated
13.01.2026 and to pass appropriate orders
thereon in accordance with law, as
expeditiously as possible and not later than
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HC-KAR
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CCC No. 200196 of 2026
CNR: KAHC030094582026
three months from the date of receipt of a copy
of the order.
3. In the said representation, the Complainant
has prayed that (i) Sri Syed Muhammad Ali Al
Hussaini be removed from the office of
Chairperson, Karnataka State Board of Auqaf
(hereinafter "the Board"), under Section 20 of
the Waqf Act, 1995, on the ground that he is
an undischarged insolvent disqualified under
Section 16; (ii) the alleged misappropriation of
properties of Dargah Hazrath Khwaja Bande
Nawaz (R.A.), Kalaburagi (hereinafter "the
Dargah") be investigated by the CID or another
competent agency; and (iii) such other orders
be passed as the circumstances warrant.
4. It is submitted that by Notification No. e-
DPAR 342 SAS 2026 dated 03.10.2026, I was
posted as Secretary to Government, Minority
Welfare, Haj and Waqf Department, vice Sri
Manoj Jain, I.A.S.. transferred, and I assumed
charge of the said post on the afternoon of
05.10.2026 and the copy of the said Order is
produced herewith as Annexure-R-1.
5. It is submitted that, as seen from the
records, steps were taken prior to my
assuming charge towards compliance with the
directions of this Hon'ble Court. A hearing on
the representation of the Complainant was held
on 10.09.2026. The matter was accordingly not
concluded on that day. Thereafter, an affidavit
was filed before this Hon'ble Court on
22.09.2026 undertaking that action would be
taken on the representation in terms of the
order passed in Writ Petition No.201204/2026,
and a notice dated 30.09.2026.
6. It is submitted that, on 06.10.2026, the
Complainant appeared before me and was
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CCC No. 200196 of 2026
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heard at length, and the documents produced
by him were received.
7. Therefore in view of the aforesaid complaint,
the deponent most respectfully submits that,
the representations of the Petitioner has been
fully considered and the records have been
examined. After duly examination of the
documents submitted by the Petitioner, an
order dated 14.10.2026 is issued to the
Petitioner and the copy of the said Order is
produced herewith as Annexure-R-2.
8. It is submitted that the delay in complying
with the directions of this Hon'ble Court is
neither willful nor deliberate. It has arisen from
the change in the incumbency of the post and
from the need to examine the matter fully and
in accordance with law. I tender my
unconditional apology to this Hon'ble Court for
the delay. I hold the orders of this Hon'ble
Court in the highest regard and have no
intention of disobeying them.
9. Therefore, it is submitted that, the directions
of the Hon'ble High Court of Karnataka passed
in W.P.No.201204/2026, dated 11.03.2026
have been complied with at most respect.
10. It is humbly prayed that, the Hon'ble Court
may kindly be pleased to record the above
compliance affidavit and drop the contempt
proceedings initiated against this deponent in
the interest of justice and equity.
I, the deponent above named, do hereby
declare that what is stated above is true and
correct to the best of my knowledge,
information and belief, and is based on the
records of the Department.”
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CCC No. 200196 of 2026
CNR: KAHC030094582026
4. From the perusal of the compliance affidavit of
the respondent-accused No.1, it clearly discloses that the
respondent/accused No.1 has duly complied the directions
issued by the learned Single Judge in the aforesaid writ
petition and the respondent/accused No.1 has also sought
for an unconditional apology.
5. The compliance affidavit is taken on record.
6. The order of the learned Single Judge has been
duly complied and tendered unconditional apology. In view
of the same, the contempt petition does not survive for
consideration. Accordingly, the contempt petition is
dropped .
Notice issued to respondents is discharged.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
MSR;List No.: 2 Sl No.: 9;CT;SI