- 1 - NC: 2025:KHC:2705 WP No. 11163 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 11163 OF 2019 (GM-WAKF) BETWEEN: 1. AUQAF-E-SYED ABDUL KHYUOM, (WAKF-ALAL-AULAD) NO.115/1, C.M.H. ROAD, LAXMIPURA, ULSOOR BANGALORE-560 008. REPRESENTED BY ITS MANAGING MUTHAVALLI, SYED MUDDASSIR HUSSAIN. 2. SYED MUDDASSIR HUSSAIN AGED ABOUT 49 YEARS, SON OF LATE SYED IQBAL HUSSAIN, MANAGING MUTHAVALLI, AUQAF-E-SYED ABDUL KHYUOM, R/AT NO.46 NETAJI ROAD, BANGALORE-560 005. …PETITIONERS (BY SRI. NAVEED AHMED., ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF AUQAF NO.6 CUNNINGHAM ROAD, BANGALORE-560 052. REPRESENTED BY ITS ADMINISTRATOR. 2. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, NO.6 CUNNINGHAM ROAD, BANGALORE-560 052. 3. SRI ZIAULLA KHAN JOINT DIRECTOR MARKETING (RETD), Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2705 WP No. 11163 of 2019 NO.274, HIDAYATH MANZIL, 11TH MAIN, 14TH CROSS, INDIRANAGAR II STAGE, BANGALORE-560 038. …RESPONDENTS (BY SMT. SABAHATH SULTANA., ADVOCATE FOR SMT. SWATHI ASHOK., ADVOCATE FOR R1 & 2; SRI. RAVINDRANATH.K., ADVOCATE FOR SRI. S.V.SHASTRI., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Naveed Ahmed., counsel for the petitioners has appeared in person. Smt.Sabahath Sultana., counsel on behalf of Smt.Swathi Ashok., for respondents 1 & 2 and Sri.Ravindranath.K., counsel for respondent No.3 have appeared through video conferencing. 3. The captioned Writ Petition is filed seeking following reliefs: (a) Quash/ Set-aside the impugned order passed by the first respondent - Board appointing the third - 3 - NC: 2025:KHC:2705 WP No. 11163 of 2019 respondent as Administrator to first petitioner - Waqf-alal-aulad by its order bearing No.KTW/CMC/04/BNU/2016-17 dated:07.02.2019 vide Annexure-A. (b) Direct the first and second respondent to act in conformity with the directions of the Waqif as provided in the Holographic Memorandum-Deed of Waqf dated:23.12.1974 vide Annexure-C and not to illegally interfere with the administration of the first petitioner - Waqf-alal-aulad. 4. Heard the arguments and perused the Writ papers with care. 5. Counsel for the petitioners and the respondents jointly submits that the prayer as far as (a) is concerned it has become infructuous. The oral submission made by counsel for the respective parties is placed on record. 6. As far as prayer (b) is concerned, this Court deems it proper to direct respondents 1 and 2 to adhere to the proviso - 4 - NC: 2025:KHC:2705 WP No. 11163 of 2019 to Section 32 of the Waqf Act, 1995 and they should also administer the Waqf in terms of the Memorandum of Deed of Waqf. 7. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 24