HAZRATH TIPPU SULTAN WAQF ESTATE v. KARNATAKA STATE BOARD OF AUQAF
CRP/43/2023 · 2025-04-08
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13791 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13791 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14972 CRP No. 43 of 2023 C/W CRP No. 41 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 43 OF 2023 C/W CIVIL REVISION PETITION NO. 41 OF 2023
IN CRP No. 43/2023 BETWEEN:
HAZRATH TIPPU SULTAN WAQF ESTATE GANJAM SRIRANGAPATANA TALUK, MANDYA DISTRICT-571 606, REP. BY ITS CHAIRMAN. …PETITIONER (BY SRI. NAVEED AHMED., ADVOCATE) AND:
1.
KARNATAKA STATE BOARD OF AUQAF NO. 6, CUNNINGHAM ROAD, BANGALORE-560 052, REP. BY ITS CHIEF EXECUTIVE OFFICER.
2.
SAHEB ZADI RAHIMUNNISSA W/O. SYED MANSOOR, AGED ABOUT 28 YEARS, R/AT NO. 1, GROUND FLOOR, HMS COMPLEX, CUBBONPET MAIN ROAD, BANGALORE-560 052.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14972 CRP No. 43 of 2023 C/W CRP No. 41 of 2023
3.
SYED MANSOOR S/O. SYED ASGAR, AGED ABOUT 36 YEARS, R/AT NO. 1, GF HMS COMPLEX, CUBBONPET MAIN ROAD, BANGALORE-560 052.
4.
SHEHAZADA ISMAIL SHAH S/O. SHAHAZADA RAIS AHMED SHAH, AGED ABOUT 33 YEARS, R/AT GARDEN REACH, SULTHAN BUILDING, KOLKATTA-24. …RESPONDENTS (BY SMT. SWATHI ASHOK., ADVOCATE FOR R1 SRI. DIVYATEJ H.N., ADVOCATE FOR R2 TO R4)
THIS CRP IS FILED UNDER SECTION 83(9) OF WAKF ACT, 1995., AGAINST THE
JUDGMENT AND DECREE DATED 27.12.2022 PASSED IN OS.NO.3/2022 ON THE FILE OF KARNATAKA WAKF TRIBUNAL, MYSURU. PARTLY DECREEING THE SUIT FOR THE RELIEF OF MANDATORY INJUNCTION.
IN CRP NO. 41/2023 BETWEEN:
HAZRATH TIPPU SULTAN WAKF ESTATE GANJAM SRIRANGAPATNA TALUK MANDYA DISTRICT 571606 REP BY ITS VICE CHAIRMAN ASIF SAIT, AGED ABOUT 48 YEARS ...PETITIONER
(BY SRI. NAVEED AHMED., ADVOCATE)
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NC: 2025:KHC:14972 CRP No. 43 of 2023 C/W CRP No. 41 of 2023
AND:
1.
KARNATAKA STATE BOARD OF AUQAF NO 6, CUNNINGHAM ROAD BANGALORE 560052 REP BY ITS CHIEF EXECUTIVE OFFICER
2.
SAHEB ZADI RAHIMUNNISSA W/O SYED MANSOOR AGED 28 YEARS R/AT NO 1, GROUND FLOOR HMS COMPLEX, CUBBONPET MAIN ROAD BANGALORE 560052
3.
SYED MANSOOR S/O SYED ASGAR AGED 36 YEARS R/AT NO.1, GF HMS COMPLEX CUBBONPET MAIN ROAD BANGALORE 560052
4.
SHEHAZADA ISMAIL SHAH S/O SHABHAZADA RAIS AHAMED SHAH AGED 33 YEARS R/AT GARDEN REACH SULTHAN BUILDING KOLKATTA 24 ...RESPONDENTS (BY SMT. SWATHI ASHOK., ADVOCATE FOR R1 SRI. DIVYATEJ H.N., ADVOCATE FOR R2 TO R4)
THIS CRP IS FILED UNDER SECTION 83(9) OF KARNATAKA WAQF ACT AGAINST THE JUDGMENT AND DECREE DATED 27.12.2022 PASSED IN OS No.3/2022 ON THE FILE OF THE PRESIDING OFFICER, KARNATAKA WAKF
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NC: 2025:KHC:14972 CRP No. 43 of 2023 C/W CRP No. 41 of 2023
TRIBUNAL, MYSURU, PARTLY DECREEING THE SUIT FOR MANDATORY INJUNCTION.
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER The Respondents No.2 to 4 had filed a suit in O.S.No.3/2022 before the Karnataka Wakf Tribunal, Mysore seeking to quash impugned notification dated 13.10.2020, whereby the Wakf Board accorded approval for constitution of the Managing Committee to the Hazrath Tippu Sultan Waqf Estate, Ganjam, Srirangapatna Taluk and issued the subsequent Notification dated 05-03-2021, whereby another person was added into the Managing Committee as Vice chairman. The plaintiffs had also sought for a direction to the Waqf board to reconstitute a Managing Committee to the Waqf Institution, while including the names of the plaintiffs in the Managing Committee. The Waqf Tribunal by virtue of the impugned
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NC: 2025:KHC:14972 CRP No. 43 of 2023 C/W CRP No. 41 of 2023
judgment partly decreed the suit while setting aside the two notifications as illegal and in violation of the bye-laws of the Waqf institution.
2. Admittedly, the term of the Managing Committee which was constituted on 13.10.2020 for a period of three years came to an end on 12.10.2023. Therefore, no useful purpose will be served in considering this Civil Revision petition.
3. Accordingly, the Civil Revision Petitions stand
disposed of granting liberty to all the parties concerned to agitate the matter before the right forum in the matter of reconstitution of the Managing Committee to the Waqf institution. Ordered accordingly.
Sd/- (R DEVDAS) JUDGE
KLY CT: JL