- 1 - HC-KAR NC: 2025:KHC:19394 WP No. 17773 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 17773 OF 2021 (KLR-RES) BETWEEN: THE KARNATAKA STATE BOARD OF AUQAF, "DARUL AWQAF", NO.6, CUNNINGHAM ROAD, BENGALURU – 560 052. REPRESENTED BY ITS THE CHIEF EXECUTIVE OFFICER Y.M. MOHAMMED YUSUFF …PETITIONER (BY SRI. B.M.MANJUNATH, ADVOCATE FOR SRI.USMAN P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, VIDHANA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001. REPRESENTED BY ITS CHIEF SECRETARY. 2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU – 560 002. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19394 WP No. 17773 of 2021 3. THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB - DIVISION, BENGALURU – 560 002. 4. THE THASILDAR, OFFICE OF THE TAHSILDAR, ANEKAL TALUK, BENGALURU URBAN DISTRICT – 02. 5. THE REVENUE INSPECTOR, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT – 02. 6. MRS. SAGAYA MARY, W/O MR.J.ANTHONY @ TONY, RESIDING AT NO.469, CHURCH ROAD, BEGURU VILLAGE, BEGURU HOBLI, ANEKAL, ANEKAL TALUK, BENGALURU URBAN DISTRICT, BENGALURU -02. 7. SRI.CHANDA PASHA, S/O AMEER JAN, AGED ABOUT 53 YEARS, R/A 17/A, 9TH CROSS, NEAR AATIQ MASJID, SOMESHWARANAGAR, JAYANAGARA 1ST BLOCK, BENGALURU SOUTH, BENGALURU – 11. …RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1 TO R5; SRI.KRISHNA NAIK, ADVOCATE FOR R6; SRI.S.NAGESH, ADVOCATE FOR IMPLEADING APPLICANT ON IA 1/2025 – R7) - 3 - HC-KAR NC: 2025:KHC:19394 WP No. 17773 of 2021 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF THE REVISION PETITION NO.208/2019 (ANNEXURE-V) ON THE FILE OF THE RESPONDENT NO.2 HEREIN; QUASH THE IMPUGNED ORDER DATED 04.02.2021 PASSED BY THE RESPONDENT NO.2 HEREIN IN REVISION PETITION NO.208/2019 (ANNEXURE-V) 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 E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 04.02.2021 (Annexure-V) passed by respondent No.2 in R.P.No.208/2019 and order dated 29.01.2019 in RA(A) 64/2017-18 (Annexure-S) inter-alia sought for a direction to respondent No.2 to consider the recommendation produced at Annexure-J in accordance with law. 2. Having taking note of the submission made by the learned counsels for the parties, it is forthcoming from the writ petition that, respondent No.6 has filed RA(A) No.64/2017-18 before respondent No.3, challenging the mutation made in - 4 - HC-KAR NC: 2025:KHC:19394 WP No. 17773 of 2021 favour of the petitioner herein stating that, respondent No.6 had purchased the subject land as per registered sale deed dated 29.12.2005 and accordingly, sought for interference of respondent No.3. 3. Respondent No.3 vide order dated 29.01.2019 allowed the appeal preferred by respondent No.6, and restored the mutation entries in respect of the subject land. Feeling aggrieved by the same, the petitioner herein has preferred RP.No.208/2019 on the file of respondent No.2 and respondent No.2 after considering material on record as per the order dated 04.02.2021 (Annexure-V), dismissed the revision petition filed by the petitioner herein and as such confirmed the order passed by respondent No.3 in RA 64/2017-18 in respect of the subject land. It is also contended by learned counsel for the respondents herein that the plaintiff herein has filed a suit in O.S.No.33/2022 before the Karnataka Wakf Tribunal, Bengaluru seeking relief of mandatory injunction against the defendants therein (respondents herein) and the said suit came to be dismissed by the Karnataka Wakf Tribunal, Bengaluru by order dated 04.02.2025. - 5 - HC-KAR NC: 2025:KHC:19394 WP No. 17773 of 2021 4. In that view of the matter since the petitioner herein has not established his right in respect of the subject land and also the suit filed by the petitioner herein is dismissed by order dated 04.02.2025 by the Karnataka Wakf Tribunal, Bengaluru, I am of the view that no interference is called for in this petition as the petitioner has not established the right in respect of the schedule property. Accordingly, petition stands dismissed. SD/- (E.S.INDIRESH) JUDGE RKA List No.: 1 Sl No.: 49