- 1 - NC: 2025:KHC:4389 WP No. 6584 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 6584 OF 2020 (GM-WAKF) BETWEEN: MASJID - E - DARGAHI SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 REPRESENTED BY ITS 1. SHAFIULLA BAIG, S/O WAZIR BAIG, AGED ABOUT 58 YEARS, PRESIDENT, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.1966/1, TURABALLI STREET, SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021. 2. S.A.RASHEED, S/O LATE SYED DAWOOD, AGED ABOUT 70 YEARS, VICE PRESIDENT, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2745, SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021. 3. ABDUL SALAM, S/O LATE FAIROZ, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4389 WP No. 6584 of 2020 AGED ABOUT 40 YEARS, SECRETARY, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2211, SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021. 4 M.C.MUNAVAR PASHA, S/O LATE CHOTE SAB, AGED ABOUT 69 YEARS, TREASURER, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2820, M-3/1, 4TH CROSS, SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021. 5. ABDUL SATTAR, S/O LATE ABDUL JABBAR, AGED ABOUT 62 YEARS, COMMITTEE MEMBER, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2686/2, SULTHAN PARK ROAD, MANDI MOHALLA, MYSURU - 570 021. 6. BADSHA @ BABU, S/O LATE MOHAMMED HAYATH, AGED ABOUT 58 YEARS, COMMITTEE MEMBER, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2819, 4TH CROSS, SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021. 7. IFTEKHAR BASHIR AHMED, S/O LATE BASHEER AHMED, AGED ABOUT 41 YEARS, - 3 - NC: 2025:KHC:4389 WP No. 6584 of 2020 COMMITTEE MEMBER, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2762/5, SULTHAN PARK ROAD, MANDI MOHALLA, MYSURU - 570 021. 8. MOHAMMED IRFAN QUERSHI, S/O LATE MOHAMMED ISMAIL, AGED ABOUT 30 YEARS, COMMITTEE MEMBER, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2225, SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021. 9. RIYAZ AHMED, S/O LATE MOHAMMED AHMED, AGED ABOUT 65 YEARS, COMMITTEE MEMBER, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2719, M.K.D.K. ROAD, MANDI MOHALLA, MYSURU - 570 021. 10. SHRAFUDDIN, S/O LATE GULAM MOINUDIN, AGED ABOUT 48 YEARS, COMMITTEE MEMBER, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2901, MOMTABUT STREET, MANDI MOHALLA, MYSURU - 570 021. 11. AYUB SHARIFF, S/O REHMAN SHARIFF, AGED ABOUT 32 YEARS, COMMITTEE MEMBER, MASJID -E-DARGAHI, SITUATED AT SAWDAY ROAD, - 4 - NC: 2025:KHC:4389 WP No. 6584 of 2020 MANDI MOHALLA, MYSURU - 570 021 RESIDING AT NO.2618, M.K.D.K. ROAD, MANDI MOHALLA, MYSURU - 570 021. …PETITIONERS (BY SRI.MD.AKRAM UPPIN., ADVOCATE FOR SRI.RAHAMATHULLA KOTHWAL., ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF AUQAF HAVING ITS OFFICE AT DARUL AUQAF NO.06, CUNNINGHAM ROAD, BENGALURU-560052 REPRESENTED BY ITS CHAIRMAN. 2. THE KARNATAKA STATE BOARD OF AUQAF HAVING ITS OFFICE AT DARUL AUQAF NO.06, CUNNINGHAM ROAD, BENGALURU-560052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. THE DISTRICT AUQAF OFFICER THE DISTRICT WAKF ADVISORY COMMITTEE, MYSURU DISTRICT, NEW SAYYAJI RAO ROAD, MANDI MOHALLA, MYSURU-560021. 4. SRI MOHAMED MUSHTAQ S/O LATE ABDUL SATTAR WAKF OFFICER I/C MANDYA DISTRICT AND APPOINTED AS CARE TAKER OF MASJID-E-DARGAHI SITUATED AT SAWDAY ROAD, MYSURU - 560 021. …RESPONDENTS (BY SRI.SYED PARVEZ ALI., ADVOCATE FOR R1 TO 3; R4 SERVED - UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIES. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, AN ORDE IS MADE AS UNDER: - 5 - NC: 2025:KHC:4389 WP No. 6584 of 2020 ORAL ORDER Sri.Md. Akram Uppin., counsel on behalf of Sri.Rahamathulla Kothwal., for the petitioners and Sri.Syed Parvez Ali., counsel for respondents 1 to 3 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue a Writ of Certiorari to quash the Public Notice dated 13.01.2020 issued by respondent No.3 - District Wakf Advisory Committee, Mysuru District, Mysuru in No.DWAC/01/MYS/14-15 vide Annexure- S. (b) Issue a Writ of Certiorari to quash the Order dated 06.02.2020 passed by respondents 1 and 2 in Order No.KSBA/CMC/49/MYS/2015-16 in appointing respondent No.4 as Care Taker for petitioner - Masjid - E - Dargahi vide Annexure-A. (c) Issue a Writ of Mandamus directing respondents Karnataka State Board of Auqaf to approve the Committee of management constituted for - 6 - NC: 2025:KHC:4389 WP No. 6584 of 2020 petitioner Masjid - E - Dargahi Institution vide Annexure-S. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioners' contend that in the year 2020, their names were recommended to become the members of the Committee, but because of certain allegations, the elections were not conducted to Masjid - E - Dargahi, a Waqf Institution. Counsel for respondents 1 to 3 acknowledges the submission about non-conduction of the election. 5. Counsel for the petitioners further submits that the petitioners' grievance would suffice if an election is conducted to petitioner Masjid - E - Dargahi Institution. Counsel therefore, submits that an appropriate order may be passed. Counsel for respondents 1 to 3 submits that an appropriate order may be passed. The oral submission made by counsel for the respective parties is placed on record. - 7 - NC: 2025:KHC:4389 WP No. 6584 of 2020 6. It is pivotal to note that it's almost been five years, the elections are not conducted for the petitioner Masjid - E - Dargahi Institution. Hence, this Court deems it appropriate to direct respondents 1 to 3 to conduct election for Masjid - E - Dargahi Institution, within the outer limit of three months from today. 7. Resultantly, the Writ Petition is disposed of. This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 39