- 1 - HC-KAR NC: 2025:KHC-D:12652 WP No. 105811 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105811 OF 2025 (GM-WAKF) BETWEEN: SAYED SARWAR BASHA MAKANDAR, OCC.: SAJJADA NASHEEN/MUTAWALLI, AGE: ABOUT 38 YEARS, DARGA HAZRAT PEER SAYED R.A. HANGAL TOWN, HAVERI DISTRICT-581 104. … PETITIONER (BY SRI. VINAY S. KOUJALAGI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINORITY WELFARE AND WAKF, GOVERNMENT OF KARNATAKA, VIKAS SOUDHA, BENGALURU-560 001. 2. KARNATAKA STATE BOARD OF WAKFS, BY ITS CHIEF EXECUTIVE OFFICER, NO.06 DARUL-AUQAF, CUNNINGHAM ROAD, BENGALURU-560 052. 3. CHIEF EXECUTIVE OFFICER (ENQUIRY OFFICER) KARNATAKA STATE BOARD OF WAKFS, NO.06 DARUL-AUQAF, CUNNINGHAM ROAD, BENGALURU-560 052. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12652 WP No. 105811 of 2025 4. WAKF OFFICER, DISTRICT WAKF OFFICE, HAVERI DISTRICT-581 110. … RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1; SRI J.S. SHETTY, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 12/5/2023 PASSED BY THE RESPONDENT NO. 3 BEARING NO. KSBA/ENQ/15/HVR/2021 PRODUCED AT ANNEXURE-S AND ALL THE SUBSEQUENT PROCEEDINGS PURSUANT THERETO, IN THE INTEREST OF JUSTICE AND EQUITY 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 SURAJ GOVINDARAJ) 1. Sri.J.S.Shetty, learned counsel who is appearing for respondents No.2 accepts notice for respondents No.3 and 4 also. Registry to print his name as such and delete the name of Mohammed Ali as that appearing for respondent No.2 to 4. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Certiorari or any other writ, order or direction and quash the order dated 12/05/2023 passed by the Respondent No.3 bearing No.KSBA/ENQ/15/HVR/2021 produced at Annexure- - 3 - HC-KAR NC: 2025:KHC-D:12652 WP No. 105811 of 2025 S and all subsequent proceedings pursuant thereto, in the interest of justice and equity. b. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction and direct the Respondent No.2 to consider the communication dated 11-04-2025 bearing No.DWO/ENQ/HVR/2024- 25/12 vide Annexure-R communicated by Respondent No.4 in accordance with law and to pass appropriate order within a time frame as may be ordered by this Hon’ble Court in the interest of justice. c. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction and direct the Respondents No.01 and 02 to pass orders/directions in order to streamline the functioning of the Respondent No.02 in the interest of justice. d. Grant such other reliefs as deemed fit in the circumstances of the case and to meet the ends of justice. 3. Sri.J.S.Shetty, learned counsel submits that Annexure-S is only an enquiry report under Section 54, in pursuance thereto respondent No.3 would be filing appropriate proceedings under Section 83 of Waqf (Amendment) Act, 2025 and until such proceedings culminate, the respondent will not be taking any action to evict or dispossess the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:12652 WP No. 105811 of 2025 4. In that view of the matter, the grievance of the petitioner is addressed by the submission of counsel for respondents No.2 to 4. 5. Keeping open all contentions, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 213