- 1 - NC: 2025:KHC:13337 WP No. 38712 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 38712 OF 2013 (GM-WAKF) BETWEEN: 1. MR. KHURRAM ALI, AGED ABOUT 34 YEARS, S/O LATE MOHAMMED ALI, 2. MR. AKRAM ALI AGED ABOUT 32 YEARS, S/O LATE MOHAMMED ALI, 3. MR. MAQSOOD ALI1 SO LATE MOOHAMMED ALI, AGED ABOUT 28 YEARS, ALL ARE RESIDENTS OF MURUGAMALLA VILLAGE, MURUGAMALLA HOBLI, CHINTAMANI TALUK, CHICKBALLAPUR DISTRICT - 563 125. …PETITIONERS (BY SRI. S.N. ASWATHNARAYAN, SR. ADVOCATE FOR SRI. S.A. SUDHINDRA, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAKFS, NO.6, CUNNINGHAM ROAD, BANGALORE - 560 052, REPRESENTED BY ITS SECRETARY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13337 WP No. 38712 of 2013 2. ADDL CHIEF EXECUTIVE OFFICER THE KARNATAKA STATE BOARD OF WAKFS, NO., CUNNINGHAM ROAD, BANGALORE - 560 052. 3. THE ADMINISTRATOR, DARGA HAZRATH SYED FAKHI SHAH WALI, MURUGAMALLA, MURUGAMALLA HOBLI, CHINTAMANI TALUK, CHICKBALLAPUR DISTRICT - 563 125. 4. ESTATE OFFICER, DARGA HAZRATH SYED FAKHI SHAH WALI, MURUGAMALLA, MURUGAMALLA HOBLI, CHINTAMANI TALUK, CHICKBALLAPUR DISTRICT - 563 125. …RESPONDENTS (BY SRI. SYED SUHAIL ALI, ADVOCATE FR R1 TO R4) THIS WP FILED IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.6.13 PASSED BY R2 AUTHORITY VIDE ANNX- J 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 SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this court seeking for the following reliefs; "(a) ISSUE a writ of certiorari or a writ in like nature quashing the order dated 21-06-2013 passed by the - 3 - NC: 2025:KHC:13337 WP No. 38712 of 2013 2nd respondent - authority in No.KBW/MUZ/07/ MGM/2007-08 (Annexure-J); (b) Direct the 2nd respondent-authority not to interfere with the functioning of the petitioners as Muzavar as per the arrangement made vide Annexure- G dated 12.05.1992 passed by respondent No.1 in ORDER No.KTW/M-1/6/KLR/89-90. (c) GRANT such other relief or relief's as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interests of justice and equity." 2. The grievance of the petitioners are that in terms of the order of the Additional Chief Executive Officer, Karnataka State Board of Wakf - respondent No.2 dated 21.06.2013 at Annexure-J action is proposed to be taken against the petitioners for their removal. When the matter was taken up on 10.03.2025 for hearing the learned counsel for the Board was called upon to get his instruction and make a submission as to whether any action has been taken in terms of Annexure-J and if not taken whether any action is proposed to be taken. In view of the pendency of a Regular Second Appeal in RSA No.565/2013 filed by the certain other persons claiming to be Muzavars against the petitioners - 4 - NC: 2025:KHC:13337 WP No. 38712 of 2013 where the right of being appointed as a Muzavar is under question. 3. Sri.Syed Suhail Ali, learned counsel appearing for respondent Nos.1 to 3 - Board today submits that no action has been taken in terms of Annexure-J. Now a management committee has been elected and is handling the affairs of the Wakf and as such the Board does not intend to take any action on Annexure-J, the same would be subject to the result of RSA No.565/2013 and any order passed therein would be implemented by the Board if so directed. 4. The said submission of Sri.Syed Suhail Ali, learned counsel for respondent Nos.1 to 3 answers the grievance of the petitioner in as much as what has been challenged is Annexure-J, where the petitioners have apprehended that they would be removed from the Muzavarship, since the same is now subject to RSA No.565/2013 and no action is - 5 - NC: 2025:KHC:13337 WP No. 38712 of 2013 proposed to be taken under Annexure-J, the above petition is disposed, with the above observations the Wakf Board to Act in terms of the decision passed in RSA No.565/2013. 5. All contentions are kept open to be decided in RSA No.565/2013. Sd/- (SURAJ GOVINDARAJ) JUDGE AMM List No.: 1 Sl No.: 13 CT: BHK