- 1 - HC-KAR NC: 2025:KHC:48871 WP No. 30803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 30803 OF 2025 (LB-RES) BETWEEN: MASJID E MADRASA MADINA EDUCATIONAL AND CHARITABLE TRUST., A TRUST REGISTERED UNDER THE PROVISIONS OF THE INDIAN TRUSTS ACT, HAVING ITS OFFICE AT MADANAYAKANAHALLI, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 562 162, REPRESENTED BY ITS PRESIDENT, AHAMED HUSSAIN, S/O MADHUR SAB AGED ABOUT 52 YEARS. …PETITIONER (BY SMT. ANKITA PATIL, ADVOCATE FOR MR. RAHAMATHULLA KOTHWAL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, K.G. ROAD, BENGALURU - 560 009. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48871 WP No. 30803 of 2025 3. THE TAHSILDAR, DASANAPURA HOBLI, BANGALORE NORTH TALUK - 562 162. 4. THE PANCHAYAT DEVELOPMENT OFFICER, MADANAYAKANAHALLI GRAMA PANCHAYAT, DASANAPURA HOBLI, BANGALORE NORTH TALUK - 562 162. 5. COMMISSIONER MUNICIPAL COUNCIL MADANAYAKANAHALLI, BENGALURU NORTH TALUK, BANGALORE NAGAR ZILLA, BENGALURU - 562 162. 6. THE STATION HOUSE OFFICER MADANAYAKANAHALI POLICE STATION BANGALORE NORTH TALUK BANGALORE - 562 123. 7. KARNATAKA STATE BOARD OF WAKFS HAVING ITS OFFICE AT DARUL-AWKAF NO. 6, CUNNINGHAM ROAD, BANGALORE - 560 052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SMT. SPOORTHY V, HCGP FOR R1 TO R3 AND R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED LETTER DATED - 3 - HC-KAR NC: 2025:KHC:48871 WP No. 30803 of 2025 20.09.2025 (ANNEXURE-A) ISSUED BY THE RESPONDENTS AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged a notice bearing No.ªÀiÁ.£À.PÁ/vÁ±Á/¹.Dgï/50/2025-26 dated 20.09.2025 issued by respondent No.5 directing the petitioner to stop the construction as the same was without obtaining a sanction plan and license. 2. The petitioner claims to be a Charitable Trust and that it is a beneficiary of a gift of the property bearing No.60/6 Khata No.424, Madanayakanahalli, Dasanapura Hobli. It is claimed that the above property was notified by the Karnataka State Waqf Board vide notification bearing No.KSBW/REG/51/BNU/2011-12 dated 11.04.2012. Petitioner claims that there are no mosques within 10 kilometres radius of Madanayakanahalli and Nelamangala. Petitioner contends that despite several requests to update the revenue entries, the - 4 - HC-KAR NC: 2025:KHC:48871 WP No. 30803 of 2025 respondents were not doing so and were not allowing the completion of the mosque but were interfering with the community members offering prayers. It is contended that petitioner has already constructed ground and two floors after obtaining a plan from the panchayath and it is yet to raise minarets. It is contented that the petitioner was trying to get permission from the last 15 years from respondent No.5, to construct a mosque but no permission was granted. The petitioner claims that respondent No.7 had addressed a letter dated 28.12.2012 to the chairman of Grama Panchyath, Dasanapura to update the records relating to the petitioner. The petitioner had earlier approached this Court in W.P.No.25037/2012 for a direction to respondent Nos.4 and 5 to grant the necessary license and permission to construct the masjid. The said writ petition was disposed off on 19.11.2013 directing the petitioner to approach the concerned authorities for redressal. The petitioner claims despite several representations respondents have failed to update the records. It is alleged that an application was filed for raising a loud speaker. Following this, the President of the petitioner had written to the Commissioner of Nagara Sabha in response to a - 5 - HC-KAR NC: 2025:KHC:48871 WP No. 30803 of 2025 letter dated 05.07.2022 informing about registration of the property as Waqf property. This was followed by a letter of respondent No.7 dated 08.07.2022 for updating the records of the property in the name of the petitioner. It is claimed that the Secretariat to the Chief Minister had sent a note dated 06.01.2025 to the Commissioner of respondent No.5 forwarding the request of the petitioner. The petitioner contends that when things stood thus, respondent No.5 has issued impugned notice dated 20.09.2025 regarding construction of the mosque. 3. Petitioner also claims that it had constructed a mosque in accordance with the plan, albeit without a license from respondent No.5. The petitioner therefore contends that the impugned notice issued by respondent No.5 is without reference to the records submitted by the petitioner seeking for sanction of a plan and license. 4. Learned counsel for the petitioner reiterated the above contention and claimed that the impugned notice is one without reference to the innumerable representations submitted by the petitioner. - 6 - HC-KAR NC: 2025:KHC:48871 WP No. 30803 of 2025 5. A perusal of the impugned notice shows that the petitioner was undertaking construction unauthorisedly and illegally without obtaining a sanction plan from respondent No.5. The petitioner also did not obtain any license for putting up construction. Respondent No.5, being a Municipal Body is bound to ensure the compliance of provision of law as stipulated under Section 187 of the Karnataka Municipalities Act, 1964. If the petitioner is constructing a building, even if it is a mosque, without obtaining a plan and house from respondent No.5, the impugned notice issued by respondent No.5 cannot be found fault with. 6. In that view of the matter, this petition lacks merit and is dismissed. 7. It is open for the petitioner to approach the respondent No.5 for sanction of a plan and license to put up construction in the aforementioned property if it is not the subject matter of any litigation before any Court of law and thereafter, undertake construction. If a request is made by the petitioner for sanction of a building plan and license, respondent No.5 shall consider the same in accordance with law - 7 - HC-KAR NC: 2025:KHC:48871 WP No. 30803 of 2025 at any rate within three months from the date of filing a representation. Sd/- (R. NATARAJ) JUDGE rv List No.: 1 Sl No.: 19