- 1 - HC-KAR NC: 2025:KHC:43399 WP No. 25283 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25283 OF 2024 (GM-WAKF) BETWEEN: M/S JAMIYA MASJID (WAQF BOARD COMMITTEE), A REGISTERED COMMITTEE SITUATED AT LAKKUR VILLAGE, SOMPUR HOBLI, NELAMANGALA TALUK, BANGALORE RURAL-562 111. REP. BY ITS AUTHORIZED PERSONS 1. KALEEMULLA, (PRESIDENT), S/O. LATE ABDUL ZABEER KHAN, AGED ABOUT 43 YEARS, R/O. LAKKUR VILLAGE, SOMPUR HOBLI, NELAMANGALA TALUK, BANGALORE RURAL-562 111. 2. SYED SUBHAN, (VICE PRESIDENT), S/O.LATE O LATE SYED AKBAR, AGED ABOUT 60 YEARS, R/O. LAKKUR VILLAGE, SOMPUR HOBLI, NELAMANGALA TALUK, BANGALORE RURAL-562 111. 3. SYED MUQTIAR, (MEMBER), S/O. LATE. SYED ABBAS, AGED ABOUT 51 YEARS, R/O. LAKKUR VILLAGE, SOMPUR HOBLI, NELAMANGALA TALUK, BANGALORE RURAL-562 111. 4. SYED ASHFAQ, (MEMBER), S/O. LATE PYARU SAB, AGED ABOUT 40 YEARS, R/O. LAKKUR VILLAGE, SOMPUR HOBLI, NELAMANGALA TALUK, BANGALORE RURAL-562 111. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43399 WP No. 25283 of 2024 5. SYED FAYAZ, (MEMBER), S/O. LATE. SYED DASTAGER, AGED ABOUT 60 YEARS, R/O. LAKKUR VILLAGE, SOMPUR HOBLI, NELAMANGALA TALUK, BANGALORE RURAL-562 111. 6. SYED NOORULLA, (MEMBER), S/O. LATE. SYED BADRUDDIN, AGED ABOUT 40 YEARS, R/AT LAKKUR VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL. …PETITIONERS (PET: M/S. JAMIYA MASJID (WAQF BOARD COMMITTEE) [ABSENT]) AND: 1. THE KARNATAKA STATE BOARD OF AUQAF, SITUATED AT 6, DARUL AUQAF, CUNNINGHAM ROAD, BANGALORE-560 052, REP. BY ITS CHIEF EXECUTIVE OFFICER. 2. THE DISTRICT WAQF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, BANGALORE RURAL DISTRICT, HAZ. HAMEED SHAH COMPLEX, 2ND FLOOR, CUBBONPET, BANGALORE-560 002. 3. SRI SYED MUNEER PASHA, S/O. KHALEEL SHA, AGED ABOUT 72 YEARS, R/AT KESARMUDG VILLAGE, URDIGERE HOBLI, TUMKUR DISTRICT. 4. SRI SYED HABEEBULLA, S/O. KHALEEL SHA, AGED ABOUT 55 YEARS, R/AT KESARMUDG VILLAGE, URDIGERE HOBLI, TUMKUR DISTRICT. 5. SRI SYED SALEEM, S/O. KHALEEL SHA, AGED ABOUT 65 YEARS, - 3 - HC-KAR NC: 2025:KHC:43399 WP No. 25283 of 2024 R/AT KESARMUDG VILLAGE, URDIGERE HOBLI, TUMKUR DISTRICT. 6. SRI GOUSE PASHA, S/O. KHALEEL SHA, AGED ABOUT 50 YEARS, R/AT KESARMUDG VILLAGE, URDIGERE HOBLL, TUMKUR DISTRICT. 7. SRI AZAM PASHA, S/O. KHALEEL SHA, AGED ABOUT 49 YEARS, R/AT KESARMUDG VILLAGE, URDIGERE HOBLI, TUMKUR DISTRICT. 8. SRI AKRAM PASHA, S/O. KHALEEL SHA, AGED ABOUT 48 YEARS, R/AT KESARMUDG VILLAGE, URDIGERE HOBLI, TUMKUR DIST. 9. SRI SYED MOULANA, S/O.KHALEEL SHA, AGED ABOUT 45 YEARS, R/AT KESARMUDG VILLAGE, URDIGERE HOBLI, TUMKUR DISTRICT. 10. SRI SYED MATEEN, S/O. JALEEL SAH, AGED ABOUT 46 YEARS, R/AT:# 3 CROSS, 9TH MAIN ROAD, YARABNAGAR, BANASHANKARI, 2ND STAGE, BANGALORE-560 070. 11. SRI KALEEMULLA SHA, S/O. JALEEL SHA, AGED ABOUT 68 YEARS, R/AT #3 CROSS, 9TH MAIN ROAD, YARABNAGAR, BANASHANKARI, 2ND STAGE, BANGALORE-560 070. 12. SRI SYED KHALANDAR SHA, S/O. JALEEL SHA, - 4 - HC-KAR NC: 2025:KHC:43399 WP No. 25283 of 2024 AGED ABOUT 60 YEARS, R/AT 3 CROSS, 9TH MAIN ROAD, YARABNAGAR, BANASHANKRI, 2ND STAGE, BANGALORE-560 070. 13. SRI SYED JEELANI SHA, S/O. JALEEL SHA, AGED ABOUT 55 YEARS, R/AT 3 CROSS, 9TH MAIN ROAD, YARABNAGAR, BANASHANKARI, 2ND STAGE, BANGALORE-70. 14. SMT. SHARFUNNISSA, W/O. SADIQ PASHA, AGED ABOUT 65 YEARS, R/AT NO.15/6, 1ST FLOOR, DR. UMAR SHARIFF ROAD, BASAVANAGUDI, BANGALORE. 15. SRI SYED MOHAMMED, S/O SYED KHURSHEED, AGED ABOUT 55 YEARS, R/AT DAVASPET POST, SOMAPURA, NELAMANGALA TALUK, BEHIND NOORANI MASJID, BANGALORE RURAL-562 111. 16. SRI SYED CHAND PASHA, S/O. SYED KURSHEED, AGED ABOUT 40 YEARS, R/AT DAVASPET POST, SOMAPURA, NELAMANGALA TALUK, BEHIND NOORANI MASJID, BANGALORE RURAL-562 111. 17. SMT. PARVEEN TAJ, W/O. SYED NISAR, AGED ABOUT 45 YEARS, R/AT DAVASPET POST, SOMAPURA, NELAMANGALA TALUK, NEAR PUBLIC SCHOOL, BANGALORE RURAL-562 111. 18. SRI B.S. MOHAN KUMAR, S/O. MAYANNA, - 5 - HC-KAR NC: 2025:KHC:43399 WP No. 25283 of 2024 AGED ABOUT 53 YEARS, R/AT BHARATIPURA, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, BANGALORE RURAL-562 111. 19. SRI B G. GANGADHAR, S/O. GANGAIAH, AGED ABOUT 45 YEARS, R/AT 3, 5TH CROSS, 2ND STAGE, VIEWERS COLONY, VIDDESHWARANAGAR, MYSORE-570 008. …RESPONDENTS (BY SRI USMAN P, ADVOCATE FOR R-1 & R-2; SRI D. S JAYARAJ, ADVOCATE FOR R-5, R-15 & R-16; R-17, R-18, R-19 SERVED; SRI RAJATH H.V, ADVOCATE FOR R-4, R-6 TO R-8, R-10 TO R-13; V/O DATED 23.09.2025, NOTICE TO R-14 IS HELD SUFFICIENT; SRI FAYAZ SAB B.G, ADVOCATE FOR R-9) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF INDIAN CONSTITUTION PRAYING TO SET ASIDE THE COMMON ORDER DATED 3.9.24 PASSED BY THE HON'BLE KARNATAKA WAQF TRIBUNAL, BENGALURU ON IA NO. 2 FILED UNDER SECTION 83(2) OF WAQF ACT, 1995 R/W. ORDER XXXIX RULE 1 AND 2 OF CPC FILD BY THE PETITIONERS, IA NO. 3 UNDER SECTION 83(2) OF WAQF ACT, 1995 R/W. ORDER XXXIX RULE 1 AND 2 OF CPC FILED BY THE PETITIONER AND IA NO. 7 FILED IA NO. 7 UNDER ORDER 39 RULE 4 R/W. SECTION 151 OF CPC FILED BY THE DEFENDANTS VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; - 6 - HC-KAR NC: 2025:KHC:43399 WP No. 25283 of 2024 a. ”Issue a Writ of certiorari to set aside the common order dated 03.09.2024 passed by the Hon'ble Karnataka Waqf Tribunal, Bengaluru on I.A. Nos.2 filed under Section 83(2) of Waqf Act, 1995 R/W. Order XXXIX Rule 1 and 2 of CPC filed by the, petitioners, I.A.No.3 under Section 83(2) of Waqf Act, 1995 R/W. Order XXXIX Rule 1 and 2 of CPC filed by the petitioner and I.A. No.7 filed I.A.No.7 under Order 39 Rule 4 R/W. Section 151 of CPC filed by the defendants vide Annexure-A, AND; b. Grant such other relief or reliefs as this Hon'ble Court deems fit in the ends of Justice." 2. Vide order dated 16.10.2025 taking the memo of retirement filed by Sri.Rahamatulla Kothwal on record was permitted to retire from the matter. 3. Since, Sri.P.Usman., learned counsel for the WAKF board had at that time submitted that he would seek to obtain instructions as regards transposition of the WAKF board as a petitioner, the matter was adjourned by directing the registry to print the name of the petitioner in the cause list. 4. Thereafter, the matter having been adjourned, no application for transposition has been filed nor any - 7 - HC-KAR NC: 2025:KHC:43399 WP No. 25283 of 2024 representation has been made on part of the petitioner. 5. It appears that the petitioners are not interested in prosecuting matter, the petition is dismissed for non-prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 0