- 1 - NC: 2025:KHC:7306-DB WA No. 892 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 892 OF 2024 (KLR-RES) BETWEEN: 1. THE MANAGING COMMITTEE JAMIA MASJID KHABARSTAN AND IDGAH (SUNNI) MOLAKALMURU - 577 535 REPRESENTED BY ITS PRESIDENT SRI SYED NABI S/O. SYED NADE ALI AGED ABOUT 70 YEARS R/O. MUBARAK MOHALLA MOLAKALMURU - 577 535 CHITRADURGA DISTRICT. …APPELLANT (BY SRI MUHAMMED ANWAR, ADVOCATE FOR SRI R. KOTHWAL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDINGS BENGALURU - 560 001. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:7306-DB WA No. 892 of 2024 2. THE REGIONAL COMMISSIONER DEPARTMENT OF REVENUE BENGALURU DIVISION 2ND FLOOR, B.M.T.C. BUILDING, SHANTHINAGAR BENGALURU - 560 027. 3. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501. 4. THE ASSISTANT COMMISSIONER CHITRADURGA CHITRADURGA - 577 501. 5. THE TAHASILDAR MOLKALMURU TALUK MOLKALMURU - 577 535. 6. THE KARNATAKA STATE BOARD OF WAKFS NO.6, "DARUL AWKAF" CUNNINGHAM ROAD BENGALURU - 560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 7. SRI SYED DASTAGIR S/O. SYED NADE ALI AGED ABOUT 65 YEARS R/O. KALGODU MOHALLA MOLAKALMURU - 577 535 CHITRADURGA DISTRICT (PROCLAIMING HIMSELF AS THE SECRETARY OF DARGAH HAZARATH SYED HAYATH BASHA KHADARI DARGAH COMMITTEE (R), MOLAKALMURU. 8. HAZARATH SYED HAYATH BASHA - 3 - NC: 2025:KHC:7306-DB WA No. 892 of 2024 KHADRI DARGAH COMMITTEE MOLKALMURU - 577 535 REPRESENTED BY ITS PRESIDENT. 9. HAZARATH SYED HAYATH BASHA KHADRI DARGAH COMMITTEE MOLKALMURU - 577 535 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R.1 TO R.5; SRI ZAMEER PASHA, ADVOCATE FOR R.8 AND R.9.) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 27.05.2024 PASSED IN W.P.NO.8809/2024 (KLR-RES) BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND CONSEQUENTLY, ALLOW THE ALL CONSEQUENTLY RELIEFS SOUGHT IN THE WRIT PETITION, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 4 - NC: 2025:KHC:7306-DB WA No. 892 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) Aggrieved by the order dated 27.05.2024 passed in Writ Petition No.8809 of 2024, the petitioner therein has preferred this writ appeal. 2. Respondent No.8 was granted certain lands by the State which is the subject matter of the writ appeal. The said grant was made in the year 2006. The appellant challenged the same after a lapse of 10 years 11 months and 2 days by way of a Rev. Appeal Nos.1199 and 1200 of 2017 before the Karnataka Appellate Tribunal. The delay was not condoned and the appeal was dismissed. Aggrieved by the same, the appellant preferred Writ Petition No.8809 of 2024. The learned Single Judge has upheld the order passed by the Karnataka Appellate Tribunal and has dismissed the writ petition, against which, the present intra Court appeal is preferred. 3. The case of the appellant is that the land was being used as a burial ground reserved for the Muslim Community. It has been illegally granted in favour of respondent No.8. It is submitted that - 5 - NC: 2025:KHC:7306-DB WA No. 892 of 2024 both the Karnataka Appellate Tribunal and the learned Single Judge have erroneously passed the orders. 4. Perusal of the papers show that there has been an inordinate delay of more than 10 years in challenging the order of grant, as recorded by the Karnataka Appellate Tribunal in its order. The appellant has failed to explain the reasons for the delay before the Karnataka Appellate Tribunal, before the learned Single Judge and also in the pleadings made in this appeal. Further, it is seen that the appellant had knowledge of the grant made in the year 2006 much earlier and infact was litigating before the Waqf Board in respect of the very same land for several years. The delay on part of the appellant remains unexplained. 5. For the aforementioned reasons, we do not see any error in the order passed by the learned Single Judge and accordingly, the writ appeal is hereby dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 15