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2025 DAILYLAW 51056 (KAR)

ABUBARKAR SIDDIQUE v. THE KARNATAKA STATE BOARD OF WAQF

WP/29661/2025 · 2025-12-19

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54721 WP No. 29661 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29661 OF 2025 (GM-WAKF) BETWEEN: ABUBARKAR SIDDIQUE S/O MOHAMMED BASHEER AGED ABOUT 48 YEARS, RESIDING AT NO.5, E NO.13TH STREET, HKP ROAD, SHIVAJI NAGAR, BENGALURU-560051 &PETITIONER (BY SRI. TAHIR, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAQF REP BY ITS CHIEF EXECUTIVE OFFICER, NO.6, CUNNINGHAM ROAD BANGALORE-560052 2. AD HOC COMMITTEE REP BY ITS SECRETARY, MASJID-E-PENSION MOHALLA SHIVAJI NAGAR ROAD, SHIVAJI NAGAR BANGALORE-560051 &RESPONDENTS (V/O DTD: 19.12.2025 NOTICE TO R1 & R2 D/W) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO INITIATE AN INQUIRY UNDER SECTION 70 OF THE WAQF ACT, 1995 AGAINST THE MASJID MANAGEMENT COMMITTEE AND AD-HOC COMMITTEE MANAGING MASJID-E-PENSION MOHOLLA/ ARAFATH SHADI MAHAL SINCE 2022. DIRECT THE RESPONDENT TO CONDUCT A TIME-BOUND INQUIRY INTO THE ALLEGED MISAPPROPRIATION OF FUNDS AND SUBMIT A REPORT TO THIS HONBLE COURT. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54721 WP No. 29661 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri. P. Usman, learned counsel, is directed to accept notice for Respondent No.1. Notice to Respondent No.2 is dispensed with in view of the proposed order to be passed. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the respondent to initiate an inquiry under section 70 of the Waqf act, 1995 against the masjid management committee and ad-hoc committee managing Masjid-E-Pension Moholla/ Arafath Shadi Mahal since 2022. b. Direct the respondent to conduct a time-bound inquiry into the alleged misappropriation of funds and submit a report to this Honble court. c. Pass such other orders as this Hon'ble Court may deem fit in the interest of justice and equity. 3. On enquiry as to whether the Petitioner has submitted a representation, Learned counsel submits that such a representation has been submitted on 11.09.2025 at Annexure-C1. - 3 - HC-KAR NC: 2025:KHC:54721 WP No. 29661 of 2025 4. If that be so, it is for respondent No.1 to consider the said representation and pass necessary orders thereon. As such, I pass the following: ORDER i) Writ Petition is partly allowed. ii) Respondent No.1 is directed to consider the representation dated 11.09.2025 at Annexure-C1 and pass necessary orders within 10 days from date of receipt of a copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 4 Sl No.: 1