- 1 - NC: 2025:KHC-D:694 WP No. 106145 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NO.106145 OF 2014 (GM-WAKF) BETWEEN: M. ANSAR BAIG S/O. M. USMAN BAIG, AGE: 48 YEARS, OCC: MUTHAWALLI, HAZARAT MAQDHUM JAHANI, NEAR SANGAM TALKIES, BELLARY. - PETITIONER (BY SRI. V.M. SHEELVANT, ADVOCATE) AND: 1. KARNATAKA STATE BOARD OF WAKF BY ITS CHIEF EXECUTIVE OFFICER, NO.6, CUNNINGHAM ROAD, BANGALORE. 2. KARNATAKA STATE BOARD OF WAKFS, DISTRICT WAKF ADVISORY COMMITTEE, TANK BUND ROAD, BELLARY BY WAKF OFFICER. 3. THE DEPUTY COMMISSIONER, BELLARY. - RESPONDENTS (BY SRI. D.L. LADKHAN, ADVOCATE FOR R1 AND R2; SRI. PRAVEEN K. UPPAR, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO.Rev/Wakf/Misc/Lease/55/ 2013-14 DATED 12.05.2014 PRODUCED AT ANNEXURE-D ISSUED BY THE 3RD RESPONDENT & ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:694 WP No. 106145 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner, as the Mutawalli of Hazarat Maqdhum Jahani [a trust in Ballari], has filed this writ petition calling in question the jurisdictional Deputy Commissioner’s communication dated 12.05.2014 [Annexure-D]. The jurisdictional Deputy Commissioner [the third respondent] has directed the District Wakf Officer to stop the inauguration of newly constructed shop, to verify the measures taken by the petitioner as Mutawalli to grant lease of the shops and to ensure that the shops are leased upon due publication of a tender. 2. Sri V.M. Sheelavant, the learned counsel for the petitioner, submits that his instructions are that the shops continue to be unoccupied because of the impugned communication, and the liability incurred by the Mutawalli strictly for the purposes of constructing the shops is put in jeopardy. The learned counsel also emphasizes that the petitioner’s apprehension is that he would be saddled with - 3 - NC: 2025:KHC-D:694 WP No. 106145 of 2014 responsibility of discharging the financial assistance availed to put up such construction. 3. Sri Praveen K. Uppar, the learned Additional Government Advocate is unable to controvert that the concerned shops remain unoccupied and that fresh proceedings must be initiated to grant lease of the subject shops. Sri D.L. Ladkhan, the learned counsel for the first and the second respondents, submits that the petitioner is no longer the Mutawalli and his right to continue as Mutawalli is concluded finally on culmination of the different proceedings. 4. As regards the petitioner’s apprehension that he would be saddled with the responsibility of discharging the financial assistance availed for construction of shops, Sri D.L. Ladkhan submits that the third respondent is functioning as the Administrator and the first and second respondents will not have any objections if the third respondent, who manages assets and liabilities [including the shops that are to be leased upon auction], - 4 - NC: 2025:KHC-D:694 WP No. 106145 of 2014 returns the amounts to those who have rendered financial assistance subject to rendering due accounts. Sri V.M. Sheelavant, in rejoinder, reiterates that the petition could be disposed of taking on record the submissions made by Sri D.L. Ladkhan that the Administrator dealing with the assets and liabilities can discharge the liability but by observing that the petitioner cannot be made liable for any financial assistance that is received for putting up the construction. 5. These rival submissions are considered in the context that this writ petition is pending for over a decade. This Court must observe that it remains indisputable that the petitioner, as the then Mutawalli, has ensured construction availing some financial assistance. The Administrator [the third respondent], who will have to manage the Trust’s assets [including the shops so constructed] will have to discharge the liability upon due verification of all records and the petitioner cannot be saddled with the liability to discharge any debt that is availed for putting up construction. If the petitioner is - 5 - NC: 2025:KHC-D:694 WP No. 106145 of 2014 indeed held to such responsibility, it would be despite the fact that the first and the second respondents continue to have the advantage of the construction put up by the petitioner. In the light of the afore, the following ORDER The petition stands disposed of directing the third respondent [the administrator of the trust – Wakf] to take further action as could be necessary to grant lease of the subject shops at the earliest. The petitioner shall not be saddled with any liability to discharge the financial assistance that is duly availed by him for the purpose of construction of shop premises. The petitioner shall assist the respondents in verifying a financial assistance as and when such claims are made. Sd/- (B.M.SHYAM PRASAD) JUDGE BVV LIST NO.: 1 SL NO.: 9