- 1 - HC-KAR NC: 2025:KHC-K:2842 WP No. 200970 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200970 OF 2025 (GM-WAKF) BETWEEN: ZAKEER HUSSAIN S/O B. NAZEER HASAN, AGED ABOUT 35 YEARS, OCC: MUTAWALLI OF MASJID E BIJALI KOLIWADA, WARD NO.15, MANAVI, TQ. MANAVI, DIST. RAICHUR-584 101. …PETITIONER (BY SRI. MALIKPASHA MOUZAN, ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER, KARNATAKA BOARD OF WAKF, DARUL AWAKAF NO.6, CUNNINGHAM ROAD, BENGALURU-52. 2. DISTRICT WAQF OFFICER, OFFICE OF THE DISTRICT OFFICE, *RAICHUR. …RESPONDENTS (BY SRI. NARESH V. KULKARNI, ADVOCATE) *Corrected vide Court order dated 18/07/2025. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2842 WP No. 200970 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF: A) MANDAMUS OR ANY OTHER SUITABLE DIRECTIONS MAY BE ISSUED TO THE RESPONDENTS NO.1 AND 2 TO CONSIDER THE REPRESENTATION DATED 20.02.2025 VIDE ANNEXURE-F GIVEN BY THE PETITIONER AND THEREBY RECOGNIZE THE PETITIONER AS A HEREDITARY MUTAWALLI UNDER THE PROVISIONS OF THE WAKF ACT, 1995. II) ISSUE ANY OTHER DIRECTIONS TO THE RESPONDENTS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF CASE. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The grandfather and father of the petitioner were said to be Mutawallis in succession of Masjid Bijali Koliwasda (sunni). The father of the petitioner is said to have died on 19.01.2012. Thereafter, the petitioner has requested the respondents to consider his name for the - 3 - HC-KAR NC: 2025:KHC-K:2842 WP No. 200970 of 2025 post of Mutawalli of the said Masjid. As the same has not been considered so far, the present writ petition is filed with the following prayers: “Therefore, it is most humbly prayed that, the Hon’ble Court may kindly be pleased to issue the Writ in nature of: A. “Mandamus” or any other suitable directions may be issued to the Respondents No.1 and 2 to consider the Representation dated 20.02.2025 vide Annexure-F given by the Petitioner and thereby recognize the Petitioner as a Hereditary Mutawalli under the provisions of the Wakf Act, 1995. B. Issue any other directions to the respondents as this Hon’ble Court deems fit under the facts and circumstances of case.” 2. Learned counsel for the respondents submits that a scheme for administration of the Wakf has been framed by respondent No.2 and the same is placed before respondent No.1 for approval. However, he submits that the request of the petitioner has not been considered by respondent No.2 while framing the scheme. He further - 4 - HC-KAR NC: 2025:KHC-K:2842 WP No. 200970 of 2025 admits that the father and grandfather of the petitioner were earlier Mutawallis of the said Masjid. 3. Admittedly, the scheme for administration of the Wakf has been proposed by respondent No.2 without taking into consideration the representation of the petitioner. Hence, in my opinion, taking into consideration that the father rand grandfather of the petitioner were earlier Mutawallis of the Masjid, it would be appropriate to direct the first respondent to consider the request of the petitioner while approving the scheme for administration of the Wakf. 4. Hence, the following: ORDER Respondent No.1 is directed to consider the case of the petitioner in accordance with law and take appropriate decision as to whether the petitioner has to be included or not in the scheme for administration of the Wakf of the Masjid. - 5 - HC-KAR NC: 2025:KHC-K:2842 WP No. 200970 of 2025 Writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 74