- 1 - HC-KAR NC: 2025:KHC-D:16057 WP No. 108706 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108706 OF 2025 (GM-WAKF) BETWEEN: WALIALLAH S/O. ALLABAKSH YADWAD, AGE: 70 YEARS, OCC: PENSIONER, EX-SECRETARY, GAIBUSHA VALI MAKAN (SUNNI) WAQF, R/O: 57 GOULI GALLI, BHANDIWAD BASE, HUBBALLI – 20. …PETITIONER (BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAQF DARUL WAQF NO.6, CUNNINGHAM ROAD, BENGALURU – 560 052, REPRESENTED BY ITS CHAIRMAN. 2. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAQF DARUL WAQF NO.6, CUNNINGHAM ROAD, BENGALURU 560 052. 3. GAIBUSHA VALI MAKAN –SUNNI, GOULI GALLI BHANDIWAD BASE HUBBALI, DHARWAD DISTRICT, REPRESENTED BY ITS ADMINISTIVE, SHRI SIRAJ AHMED M HUDEDMANI PROJECT CO ORDIRNATOR RMSA, DDPI OFFICE, DHARWAD, AGE. MAJOR, OCC. AGRICULTURE, R/O. ALARAWAD TALUK, AND DIST. BELAGAVI. 4. THE DISTRICT WAQF OFFICER, KARNATAKA STATE BOARD OF WAQF DHARWAD DISTRICT, MAULANA AZAD BHAVAN KELGERI ROAD, DHARWAD. …RESPONDENTS (BY SRI. B. MUHAMMED ALI & SRI. SADIQ N. GOODWALA, ADVOCATE FOR R2; SRI. RAMESH CHIGARI, AGA FOR RESPONDENT/STATE) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16057 WP No. 108706 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 18.10.2025 PASSED BY THE 1ST RESPONDENT WHICH IS PRODUCED AT ANNEXURE-G AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a writ of certiorari quashing the impugned order dated 18.10.2025 passed by the 1st respondent which is produced at Annexure-G. B. Issue such other writ, order or direction as deemed fit in the interest of justice and equity. 2. The petitioner had approached this Court in Writ Petition No.104387/2024. The Co-ordinate Bench relegated the petitioner to approach the Tribunal as obtaining under Section 83 of the WAKF Act. The petitioner then challenges the same before the Division Bench. The Division Bench dismisses the writ appeal in terms of its order dated 17.09.2025. After which, the petitioner was before the WAKF Tribunal under Section 83 of the Act. The petitioner there files two applications, one for the stay of the scheme of Administration and all other subsequent acts - 3 - HC-KAR NC: 2025:KHC-D:16057 WP No. 108706 of 2025 and the other not to hold the elections. Both the applications are rejected by the Tribunal. The rejection of which has driven the petitioner to this Court in the subject petition. 3. The learned counsel for the respondent Sri.Sadiq Goodwala submits that the Notification is issued on 13.11.2025 drawing up calendar of events by the Election Officer, therefore, this Court should not interfere and the matter should be made subject to the result of the proceedings before the Tribunal. 4. Therefore, in the light of the circumstance of the matter being pending before the Tribunal, I deem it appropriate to direct the Tribunal to dispose the proceedings before it with an outer limit of 8 weeks from the date of receipt of the copy of the order. The election shall go on, but however it is open to the Tribunal to pass necessary orders on the elections that are held as well, in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE kmv CT-ASC