MR AFZAL PASHA v. THE KARNATAKA STATE BOARD OF AUQAF
WP/19137/2025 · 2025-07-29
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56946 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56946 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29260 WP No. 19137 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 19137 OF 2025 (GM-WAKF)
BETWEEN:
MR AFZAL PASHA SON OF ABDUL KHADAR, AGED ABOUT 49 YEARS, RESIDENT OF NO. 171, 2ND CROSS, PACHU MIYA MAKAHN, A R BADAVANE, HOSKOTE, BENGALURU RURAL, BENGALURU 562114. …PETITIONER (BY SRI. THAMMAIAH H.N.,ADVOCATE)
AND:
1. THE KARNATAKA STATE BOARD OF AUQAF, DARUL AWKAF, NO. 6 CUNNINGHAM ROAD, BENGALURU 560 052. REPRESENTED BY ITS CHAIRMAN. 2. THE CHEIF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF AUQAF, DARUL AWKAF, NO. 6 CUNNINGHAM ROAD, BENGALURU 560 052. Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:29260 WP No. 19137 of 2025
3. THE DISTRICT WAQF OFFICER DISTRICT WAKF OFFICE, BENGALURU RURAL, HMS/HHS COMPLEX, CUBBONPET, BENGALURU 560002. …RESPONDENTS (BY SRI. P S MALIPATIL.,ADVOCATE FOR R1 TO R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 BOARD, R-2 CHIEF EXECUTIVE OFFICER OF THE BOARD AND R-3 DISTRICT WAKF OFFICER, BENGALURU RURAL TO CONSIDER THE OBJECTION SUBMITTED BY THE PETITIONER AND DEVOTEES OF THE DARGAH DATED 16.04.2025 PRODUCED AT ANNX-D.
THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner, in response to the Public Notice dated 05.04.2025 issued by the first respondent inviting objections to the appointment of a Muthavalli proposed therein has filed objections, and the present
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HC-KAR NC: 2025:KHC:29260 WP No. 19137 of 2025
petition is premised in the grievance that the objections are not considered and that there is every likelihood of the first respondent appointing the proposed Muthavalli without considering the objections. None appears for the respondents. If objections are invited and are indeed filed, they must be considered. There is nothing brought on record by the respondents despite opportunity to show that the objections are considered. Hence, the petition is allowed directing the first respondent to consider the petitioner's objections if the Final Notification is issued as of today. It is observed that if the Final Notification is issued as of today, the petitioner will be at liberty to call in question the same.
Sd/- (B M SHYAM PRASAD) JUDGE AN/-