- 1 - NC: 2025:KHC:12185 WP No. 7989 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 7989 OF 2023 (KLR-RES) BETWEEN: 1. MADEEMA MASJID (AHLE SUNNAT WAL JAMATH), REPRESENTED BY ITS PRESIDENT, SRI.MOHAMMED SHAFI SAB, SON OF LATE SHAIK AHAMED, AGED ABOUT 67 YEARS, G.A.PALYA, RAYAPURA VILLAGE, D.S.PALYA POST, HEBBUR HOBLI, TUMAKURU TALUK-572120, TUMAKURU DISTRICT. …PETITIONER (BY SRI. FAYAZ SAB B G., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU-572101. 2. THE KARNATAKA BOARD OF WAQFS, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NO.6, DARUL AUQAF, CUNNINGHAM ROAD, BENGALURU-560052. 3. THE DISTRICT WAQF OFFICER, DISTRICT WAKF BOARD, HAZARATH MADAR SHA COMPLEX, ASHOKA ROAD, TUMAKURU-572101. 4. THE ASSISTANT COMMISSIONER, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12185 WP No. 7989 of 2023 TUMAKURU SUB-DIVISION, TUMAKURU DISTRICT, TUMAKURU-572101. …RESPONDENTS (BY SMT.SAVITHRAMMA., AGA FOR R-1 & R-4; SMT. SWATHI ASHOK., ADVOCATE FOR R-2; R-3 IS SERVED AND UNREPRESENTED; R-5 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF PETITIONER AND GRANT THE FOLLOWING RELIEFS AND QUASH AN IMPUGNED ORDER BEARING NO.LND(TMK)CR/1412/2021/84440, DATED 24.03.2022 PASSED BY THE R-1 WHEREIN GRANTED/ALLOTED LAND MEASURING 1 ACRE IN SY. NO.56 OF RAYAPURA VILLAGE IN FAVOUR OF THE R-5 FROM THE LAND ALREADY GRANTED/ALLOTED TO THE PETITIONER RELIGIOUS INSTITUTION WHICH IS PRODUCED HEREWITH FOR THE KIND PERUSAL OF THIS HONBLE COURT AND MARKED AS ANNX-Q AS ILLEGAL, ARBITRARY , CAPRICIOUS, MALAFIDE, WITHOUT APPLICATION OF MIND OPPOSED TO THE PRINCIPLES OF NATURAL JUSTICE, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:12185 WP No. 7989 of 2023 ORAL ORDER 1. An order was passed on 16.01.2019 assigning land bearing Sy.No.56, to an extent of 01 acre 20 guntas for the purpose of a burial ground for Muslims of G.A.Palya. 2. This order has been modified by another order dated 24.03.2022 by which, as per the sketch prepared by the surveyor in respect of Sy.No.56, an extent of 01 acre has been assigned for the Muslims of G.A.Palya and an extent of 01 acre has been earmarked for the Muslims of D.S.Palya. 3. In other words, by virtue of this modification, as against the original extent of 01 acre 20 guntas, the extent of burial ground was increased to 02 acres and it was made clear that the Muslims of G.A.Palya would be entitled to use 01 acre, whereas the Muslims of D.S.Palya were to use the remaining 01 acre. - 4 - NC: 2025:KHC:12185 WP No. 7989 of 2023 4. The learned counsel for the petitioner submits that this modification of the order was wholly impermissible, more so when the residents of D.S.Palya have already been granted an extent of 01 acre 21 guntas in Sy.No.221. 5. In my view, there is no justification for entertaining this writ petition, since there is no legal right vested in the petitioner to demand that the entire land available in the village of Rayapura should be earmarked only for the residents of one particular village. 6. In my view, the writ petition lacks merit and the same is accordingly dismissed. 7. The learned counsel for the petitioner however submits that the space available for the Muslims of G.A.Palya is insufficient for the burial of the dead and in light of this submission, the petitioner is permitted to make a representation to the concerned authorities requesting them for grant of - 5 - NC: 2025:KHC:12185 WP No. 7989 of 2023 additional land apart from the land that has been assigned under the impugned orders. 8. If such an application is made, the Deputy Commissioner shall consider the same and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 59