- 1 - NC: 2025:KHC:13180 WP No. 585 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 585 OF 2023 (GM-WAKF) BETWEEN: MOHAMMED AMEEN MUKHTIYAR S/O MOHAMMED HANIF, AGE 55 YEARS R/AT NO.124 (NEW NO.3) 1ST MAIN, 4TH CROSS UMMER NAGAR NAGVARA BENGALURU-560045. …PETITIONER (BY SRI. HASAN MAGADI, ADV. FOR SRI NAVEED AHMED, ADV.) AND: 1. THE KARNATAKA STATE BOARD OF AUQAF CUNNINGHAM ROAD BENGALURU-560001 BY ITS CHIEF EXECUTIVE OFFICER. 2. THE MANAGING COMMITTEE MASJID UL MUSLIMEEN AND MASJID E UMAR BIN KHATAB NAGAWARA MAIN ROAD BENGALURU-560045 BY ITS SECRETARY. …RESPONDENTS (BY SMT. SWATHI ASHOK, ADV. FOR R1 SRI RAMAKRISHNA SRINIVASAN, ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, DIRECT THE R1 TO ACT Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13180 WP No. 585 of 2023 UPON THEIR OWN ORDER AND TAKE STEPS TO REMOVE THE ENCROACHMENT ON GRAVE YARD BY CONSIDERING ANNEXURE-A BEARING NO.KBW/CMC/35/BNU/2009-10 DATED 21.05.2013 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard learned counsel Sri.Hasan Magadi for Sri.Naveed Ahmed, learned counsel for the petitioner and learned counsel Smt.Swathi Ashok for Sri.Ramakrishna Srinivasan, learned counsel for respondent No.2. Perused the writ petition papers. 2. Petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus or any other writ, directing respondent No.1 to act upon the order dated 21.05.2013 bearing No.KBW/CMC/35/BNU/2009-10 (Annexure-A) by considering the representation dated 11.10.2022. 3. Learned counsel for respondent No.2 files a memo dated 30.08.2024 today before this Court enclosing the - 3 - NC: 2025:KHC:13180 WP No. 585 of 2023 order dated 21.12.2017 in Appeal No.KSBW/1/BNU/CMC/2013 passed by the Karnataka State Board of Auqaf, which indicates that the order, which the petitioner wants implementation is set aside by the Appellate Authority. The petitioner suppressing the fact of setting aside order dated 21.12.2017 is before this Court seeking for a writ of mandamus to implement the order which has already been set aside by the Appellate Authority. 4. In the above circumstances, the writ petition stands rejected, with cost of Rs.10,000/- which shall be paid to first respondent/Karnataka State Board of Auqaf. Failing to pay the cost, the first respondent is at liberty to proceed to recover the same by initiating appropriate proceedings. SD/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 17