- 1 - NC: 2025:KHC:12446 WP No. 28311 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28311 OF 2024 (GM-WAKF) BETWEEN: MR. ATHAULLA KHAN S/O HABEEB KHAN MAHAMMAD ABDUL KAHIHUM AGED ABOUT 79 YEARS R/O KUMBARA STREET, DABASPET VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562 111. …PETITIONER (BY SRI ZUBAIR AHMED KHAN A. S., ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD AUQAF DARUL AWKAF, NO. 6, CUNNINGHAM ROAD BENGALURU - 560 052, REPRESENTED BY ITS CHAIRMAN. 2. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF AUQAF ’DARUL AUQAF’, NO.6, CUNNINGHAM ROAD BENGALURU - 560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. THE DISTRICT WAQF OFFICER DISTRICT WAQF OFFICE BENGALURU RURAL DISTRICT NO. 4C, II FLOOR, HHS AND HMS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12446 WP No. 28311 of 2024 COMPLEX, CUBBONPET BENGALURU - 560 002. 4. MR. SATTAR BAIG (RTD) ASST. SUB INSPECTOR KARNATAKA STATE POLICE DEPARTMENT BENGALURU, R/O NEAR VIVEKANANDA SCHOOL DABASPET TOWN, NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562 111. …RESPONDENTS (BY SRI P.USMAN, ADVOCATE FOR R1 TO R3; SRI K.N.PHANEENDRA, SR. ADVOCATE A/W., SRI RAHAMATHULLA KOTHWAL, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO. KSBA/ADM/BN(R)/11/2024- 25 DTD. 16.10.2024 ISSUED BY THE R-2 APPOINTING THE R-4 AS ADMINISTRATOR TO NOORANI MASJID, IDGAH AND KHABRASTAN, DABASPET VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK PRODUCED AT ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner, erstwhile treasurer of the Wakf Institution, is knocking at the doors of this Court, seeking the following prayer: “a. Issue Writ of Certiorari quashing the Impugned order bearing No.KSBA/ADM/BN(R)/11/2024-25 dated - 3 - NC: 2025:KHC:12446 WP No. 28311 of 2024 16.10.2024 issued by the Respondent No.2 appointing the Respondent No.4 as Adminisrator to Noorani Masjid, Idgah and Khabrastan, Dabaspet Village, Sompura Hobli, Nelamangala Taluk, produced at Annexure – A. b. To pass such other order/s as this Hon’ble Court may deem fit in the facts and circumstance of the case, in the interest of justice and equity.” 2. Heard Sri Zubair Ahmed Khan A., learned counsel for petitioner, Sri P. Usman, learned counsel for respondent Nos.1 to 3 and Sri K.N.Phanindra, learned senior counsel along with Sri Rahamathulla Kothwal, learned counsel for respondent No.4. 3. Learned counsel for the petitioner submits that the Wakf Institution in which he has worked as treasurer is not a Wakf Institution and therefore, the Wakf Board cannot interfere in the activities of the institution. 4. Sri K.N.Phanindra, learned senior counsel appearing for respondent No.4 – administrator, would submit that respondent No.4 is now appointed on the expiry of the tenure of the office bearers of the Committee in the Wakf Institution and is said have taken charge as the Administrator. He would also submit that there are seriously disputed questions of fact for which, - 4 - NC: 2025:KHC:12446 WP No. 28311 of 2024 Subsection (2) of Section 83 of the Waqf Act, 1995, is the remedy and not filing a writ under Article 226 of the Constitution of India. 5. Learned counsel appearing for the petitioner submits that there are 4 Wakf properties, which property is declared to be a Wakf property is not conclusive and therefore, this Court should entertain the petition and decide on the documents that are placed before this Court. 6. The submission is noted only to be rejected, as admitted by the learned counsel for petitioner and the respondents, the issue is shrouded with seriously disputed questions of fact for which the remedy would be available under Section 83 of the Waqf Act, 1995, i.e., to approach the tribunal. 7. In the light of the interim order subsisting in the case at hand, I deem it appropriate to direct status quo, qua the property be maintained by both the parties, as obtaining today for a period of four weeks. - 5 - NC: 2025:KHC:12446 WP No. 28311 of 2024 8. In the event, the petitioner would not approach the tribunal, within four weeks, the protective order that is granted now, would automatically vanish. 9. With the afore-made observations and directions, the petition stands disposed. Pending I.A’s. is also disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 10 CT:SS