IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

CIVIL CONTEMPT PETITION NO.100214 OF 2025 BETWEEN:

SHAIK ABDUL REHMAN S/O FAKRUDDIN MULLA AGE. 68 YEARS, OCC. PRESIDENT OF MUSLIM JAMAAT NAVANAGAR HUBBALLI, R/O EWS 228, 8^TH CROSS, NAVANAGAR, HUBBALLI, DHARWAD DISTRICT.

…COMPLAINANT (BY SRI. SHIVAKUMAR S. BADAWADGI, ADVOCATE)

AND:

1. JEELANI H. MOKASHI, THE CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF AUQUF, NO.6 CUNNIGHAM ROAD, BANGALURU. 2. TAJUDDIN SHEK, WAKF OFFICER, DISTRICT WAKF OFFICE DHARWAD, MALLIKARJUN SADHANAKERI DHARWAD.

RUDRAYYA KALMATH

3. MOHAMMAD ZAFARULLAKHAN LOHANI Digitally signed by M RU A D L R LI A K Y A Y R A J U K N ALMATH AGE. 62 YEARS, THE ADMINISTRATOR APPOINTED Location: HIGH COURT OF KARNATAKA BY 2^ND ACCUSED, R/O #682, DHARWAD BENCH PANCHAKSHARI NAGAR, HUBBALLI, DIST. DHARWAD.

…ACCUSED

4. THE STATE OF KARNATAKA, REPRESENTED BY AGA, HIGH COURT OF KARNATAKA, DHARWAD.

…PROFORMA RESPONDENT (BY SRI. D.L. LADKHAN, ADVOCATE FOR A2;

SRI. SHARAD V. MAGADUM, AGA FOR PROFORMA RESPONDENT;

NOTICE TO A1 & A3 ARE SERVED)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AS THE ACCUSED HAS NOT AT ALL RESPECTED THE HON’BLE COURT ORDER AND DATED 14/09/2015 IN WP NO.101845/2025 (GM-WAKF) AS PER ANNEXURE-A DATED 18.03.2025 AND PUNISH THE ACCUSED FOR DISOBEYING THE ORDER OF THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY.

THIS CCC COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

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, complaining disobedience of interim order dated 18.3.2025 in WP No.101845/2025, which reads as under:

“Counsel for the petitioner submits that the petitioner is working as President. However, the Karnataka State Board of Auqaf without notifying the petitioner has appointed the fourth respondent as President on 21.02.2025. Counsel further on instructions submits that the fourth respondent has not taken the charge as of today. Counsel therefore, submits that an interim relief may be granted. The oral submission made by the learned counsel for the petitioner is placed on record. There shall be an interim order of stay as prayed for.”

2. Heard the learned counsel Shivakumar S Badawadagi for the complainant; learned counsel Sri. D.L. Ladkhan for accused No.2 and learned AGA Sri. Sharad V Magadum for proforma respondent No.4. Perused the entire contempt petition papers.

3. This Court by interim order dated 18.3.2025 stayed the appointment of Administrator under order dated 21.02.2025. It is the specific contention of learned counsel for the complainant that after the interim order, accused No.3 assumed the charge and subsequently, he has not handed over the charge to the petitioner. Though writ petition is disposed of as having become infructuous by order dated 7.7.2025, learned counsel for the complainant submits that since the interim order is not complied, the contempt petition would be maintainable.

4. Learned AGA brings to the notice of this Court that by order dated 7.7.2025, WP No.101845/2025 was dismissed as having become infructuous by recording the submission of learned counsel for the petitioner as well as respondents in the writ petition.

5. Learned counsel for accused No.2 would submit that the Administrator assumed charge on 1.3.2025 itself, much before passing the interim order dated 18.3.2025. Therefore, he submits that there is no disobedience of interim order dated 18.3.2025. Moreover, he submits that the main writ petition is disposed of as having become infructuous and when the complainant