- 1 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100007 OF 2024 (GM-WAKF) C/W WRIT PETITION NO. 101243 OF 2024 IN W.P. NO.100007/2024 BETWEEN: SRI. SHAFEEQ AHMED BASHEERAHMED DONGAREKHE AGE: 53 YEARS, OCC. AGRICULUTRE, R/O. CHIKODI,CHIKKODI, TQ. CHIKODI, DIST. BELAGAVI-591201. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. PEER ATAULLASHA DARGAH SUNNI, CHIKKODI CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI, REP BY ITS MUTAWALLI/CARETAKER 2. THE KARNATAKA STATE WAKF BOARD CUNNIGHAM ROAD, VASANT NAGAR, BENGALURU-01 REP BY ITS ENQUIRY OFFICER/CEO 3. THE DEPUTY COMMISSIONER BELAGAVI DIST. TQ. BELAGAVI DIST. BELAGAVI-01 4. SRI. NAZIR S/O. HAZARATH ALI MAKANDAR AGE: 60 YEARS, OCC: AGRICULTURE, 5. SRI. IBRAHIM S/O. HAZARATH ALI MAKANDAR AGE: 56 YEARS, OCC: AGRICULTURE. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 6. SRI. SHABBEER S/O. HAZARATH ALI MAKANDAR AGE: 54 YEARS, OCC: AGRICULTURE, ALL ARE R/AT. BARA IMAM GALLI, CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI-591201. …RESPONDENTS (BY SRI.D.L. LADHKAN, ADVOCATE FOR R2; SRI. T. HANUMAREDDY, AGA FOR R3; R1, R4 TO R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT IN THE SAME NATURE QUASHING THE ORDER OF RESPONDENT NO. 2 BEARING NO. ENQ- 52/43/BGM/2019 DATED. 16/03/2023 COPY AS ER ANNEXURE-R AND LETTER BEARING NO.KSBA/ENQ-52/43/BGM/2019 DATED. 11/10/2023 RESPONDENT NO.2 COPY AS PER ANNEXURE-S AND ETC., IN W.P. NO.101243/2024 BETWEEN: SMT GULNAZ W/O. SHAFEEQ AHMED DONGAREKHE AGE.45 YEARS, OCC. SERVICE, R/O. CHIKKODI, CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI 591201. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. PEER ATAULLASHA DARGAH SUNNI CHIKKODI CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI, REP. BY ITS MUTAWALLI/CARETAKER 2. THE KARNATAKA STATE WAKF BOARD CUNNIGHAM ROAD, VASANT NAGAR, BENGALURU 01, REP. BY ITS ENQUIRY OFFICER/CEO - 3 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 3. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, TQ. BELAGAVI, DISTRICT BELAGAVI 01. 4. SRI. NAZIR S/O. HAZARATH ALI MAKANDAR AGE. 60 YEARS, OCC. AGRICULTURE, R/AT. BARA IMAM GALLI, CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI 591201. 5. SRI. IBRAHIM S/O. HAZARATH ALI MAKANDAR AGE. 56 YEARS, OCC. AGRICULTURE, 6. SRI. SHABBER S/O. HAZARATH ALI MAKANDAR AGE. 54 YEARS, OCC. AGRICULTURE, ALL ARE R/AT. BARA IMAM GALLI, CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI 591201. …RESPONDENTS (BY SRI. D.L. LADKHAN, ADVOCATE FOR R2; SRI. T. HANUMAREDDY, AGA FOR R3; R1, R4, R5 AND R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT IN THE SAME NATURE QUASHING THE ORDER BEARING NO. ENQ-52/43/BGM/2019 DATED. 16/03/2023 PASSED BY THE 2ND RESPONDENT COPY AS PER ANNEXURE-R AND ORDER BEARING NO. RB/WAKF/52(2)CR-03/2023- 24 DATED. 13/12/2023 PASSED BY THE 3RD RESPONDENT COPY AS PER ANNEXURE-S AND/ THESE WRIT PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: “W.P.No.100007/2024 a. Issue a writ in the nature of Certiorari or any other writ in the same nature quashing the order of Respondent No.2 bearing No. ENQ-52/43/BGM/2019 dated. 16/03/2023 copy as per ANNEXURE-R and letter bearing no.KSBA/ENQ- 52/43/BGM/2019 dated 11/10/2023 Respondent No.2 copy as per Annexure-S and/or. b. Pass any other orders deemed fit in facts and circumstances of the case. W.P.No.101243/2024 a. Issue a writ in the nature of Certiorari or any other writ in the same nature quashing the order bearing no.ENQ-52/43/BGM/2019 dated. 16/03/2023 passed by the 2nd respondent copy as per ANNEXURE-R and order bearing No. RB/WAKF/52(2)CR-03/2023-24 dated 13/12/2023 passed by the 3rd respondent copy as per ANNEXURE-S and/or b. Pass any other orders deemed fit in the facts and circumstances of the case.” 2. The facts in brief germane to the case are as follows: The subject properties were granted occupancy rights by the Land Tribunal in favour of the petitioners on 06.06.1981, pursuant to the notification issued by the 1st - 5 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 respondent on 18.05.1979. After the Land Tribunal granted the occupancy rights, the petitioners have been in possession of the said land since then. 3. The issue now concerns the respondent-Wakf claiming rights over the petitioners’ property on the ground that it was a property notified under the 1954 Act, and therefore the petitioners have no right to claim ownership over the said property. 4. Learned counsel for the petitioner, Sri Jagadish Patil, submits that the order of the Land Tribunal dated 06.06.1981 remains intact even today, as the respondent-Wakf has not challenged it. Without challenging the said order, the Wakf cannot claim a right to take over the petitioner’s property on the ground that it formed part of the notification issued under the 1954 Act. 5. Learned counsel, Sri D.L.Ladkhan, submits that an order has been passed under Section 51 of the Waqf Act and therefore, the petitioner has no right to claim over the property, notwithstanding the fact that the same forms part of the Wakf notification issued in the year 1954. - 6 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 6. In the light of the aforesaid circumstances, it becomes necessary to examine whether an order could have been passed under Section 52 of the Wakf Act, notwithstanding the order passed by the Land Tribunal in 1981, which remains intact even today. 7. The afore-narrated facts are not in dispute. 8. The issue now lies within a narrow compass. The order of the Land Tribunal dated 06.06.1981, which conferred rights upon the petitioners, has not been challenged by the Waqf or any other person. Therefore, the petitioners, or their legal heirs, continue to be in possession of the property. 9. In the light of the order passed under Section 52 of the Wakf Act by the respondent-Wakf is contrary to law. In identical circumstances, considering an identical challenge, this court, in W.P.No.105909/2023, has held as follows: “The petitioner is before this Court calling in question a notice dated 01.02.2023 by which the petitioner is directed to appear before the Wakf Board to establish as to why the sale that has happened in contravention of Section 52 of the Waqf Act should not be annulled. 2. Heard the learned counsel Sri. Shriharsh A. Neelopant, appearing for the petitioner, the learned counsel Sri. D.L. Ladkhan for respondent Nos.1 and 2 and the learned AGA for respondent No.3. - 7 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 3. Facts in brief germane are as follows. 4. The petitioner is said to be the absolute owner in possession of the property in Survey No.8/4 measuring 1 acre 18 guntas situated in Huvinahal village of Taluk and District Koppal, in terms of a registered sale deed dated 26.05.2022 executed by one Basavarajgouda Umeshgouda. A little history to the case is that the Land Tribunal considering the claim and possession of Khadarsab on the subject property under Service Inam or Khidmati Inam passes an order in terms of Section 19(1) of the Karnataka Land Reforms Act by holding an inquiry with regard to concerning 13 acres and 18 guntas. It is later the father of the vendor of the petitioner gets the rights from the hands of the Land Tribunal for being an occupant of the land on 11.10.1982. It is then the sale has taken place to the hands of the petitioner from the vendor. The Waqf Board issues a notice on 01.02.2023 seeking to conduct an enquiry under Section 52 of the Waqf Act on the score that the sale that has taken place from the vendor to the petitioner being in contravention of the provisions of the Waqf Act. The notice so issued under Form Nos.60 and 60(A) is what has driven the petitioner to this Court in the subject petition. 5. The learned counsel appearing for the petitioner submits that they have submitted their reply to the notice and since it was without jurisdiction has approached this Court in the subject petition. 6. The learned counsel further submits that overnight the name of Waqf was entered in column No.11 of the record of rights without any rhyme or reason or the Waqf Board having no right or interest in the property having no right for such entry. 7. Per contra, the counsel Sri. D.L. Ladkan would seek to defend the action contending that it is only a notice that is given under Form Nos.60 and 60(A) and it is for the petitioner to appear and establish that he is the lawful owner of the property failing which it becomes a Waqf property. 8. The learned counsel for the petitioner would now seek to join issue contending that the Waqf Board has - 8 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 now issued a notice contending that it is a Waqf property after 43 years of the notification issued under Section 52 of the Waqf Act. Therefore, would submit that the very issuance of show cause notice is without jurisdiction. He would seek to place reliance upon the judgments rendered by the Co-ordinate Benches of this Court to buttress his submission for quashment of the proceedings. The Co- ordinate Bench has in identical circumstances held as follows. “1. It is not in dispute that the lands in question i.e., Sy.No.822/14 measuring 20 guntas (in W.P.No.103231/2021) and Sy.No.824 measuring 15 guntas (in W.P.No.103106/2021) were the subject matters of proceedings under the Land Reforms Act. 2. It is also not in dispute that the Land Tribunal has registered the petitioners as an occupants in respect of Sy.No.822/14 measuring 20 guntas (in W.P.No.103231/2021) and Sy.No.824 measuring 15 guntas (in W.P.No.103106/2021) along with two other survey numbers, by its order dated 19.10.1981. This order has remained unchallenged to this day. 3. Notwithstanding the order passed by the Land Tribunal, the proceedings have been initiated by the Enquiry Officer under Section 54 of the WAKF Act in respect of Sy.No.822/14 and Sy.No.824. It is to be observed here that in the proceedings before the Land Tribunal in respect of Sy.No.822/14 and Sy.No.824, the District Wakf Committee was also a party. Thus, an order in respect of Sy.No.822/14 and Sy.No.824 was passed with the notice to the District Wakf Committee. 4. It may be pertinent to state here that the District Wakf Committee had in fact staked a claim in respect of both Sy.No.822/14 and Sy.No.824, but the Land Tribunal had unanimously rejected the said applications. Thus, the claim, if any by the Wakf Board in respect of Sy.No.822/14 and Sy.No.824 was considered by the Land Tribunal and was rejected by the Land Tribunal. 5. So long as the order of the Land Tribunal has remained unchallenged, it would not be open for the Enquiry Officer to exercise power under Section 54 of the WAKF Act and to come to the conclusion that Sy.No.822/14 and Sy.No.824 were - 9 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 Wakf properties. If this were to be permitted, it would amount to nullifying the order of the Land Tribunal, which has remained unchallenged. I am therefore of the view that the impugned order passed by the Enquiry Officer cannot be sustained and the same is quashed. 6. If it is permissible in law for the Wakf Board to establish their rights over Sy.No.822/14 and Sy.No.824 by initiating a legal proceedings under any law, they may do so. However, they cannot take recourse to a proceeding and Section 54 of the WAKF Act to get over an order of the Land Tribunal by which the petitioners have been registered as an occupants.” 9. The said judgment is again followed by a subsequent order which reads as follows: “2. Learned AGA accepts notice for the respondent Nos.1 to 3 and he is permitted to file a memo of appearance within a period of two weeks. 3. The petitioner's grievance is that the name of the Waqf Board is entered in the record of rights without issuing entered notice to the petitioner whose name was mutated in the revenue record.. 4. In the instant case, the name of the Waqf Board is entered in Column No.11 of the record of rights without issuing notice to the petitioner. In identical circumstances, this Court in W.P. No.103231/2021 and W.P. No.101434/2022 has allowed the said writ petitions and directed restoration of the names of the petitioners therein and reserved liberty to the revenue authorities to pass appropriate order after issuing notice to the interested parties. In view of the same, I pass the following: ORDER The writ petition is allowed. The respondent No.3 is hereby directed to the delete the name of respondent No.4 in Coiuma No.11 of the record of rights in respect of the properties bearing Sy.No.429/* measuring 5 acres and Sy. No.430/3 measuring 8 acres 14 guntas both situated at - 10 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 Tavaragera of Kushtagi Taluka, Koppal District. Liberty is reserved with the respondents-revenue authorities to pass appropriate orders after issuing notice to the interested parties.” 10. The Co-ordinate Bench clearly holds on identical set of facts that so long as the order of the Land Tribunal has remained unchallenged, it would not be open for the enquiry officer to exercise power under Section 54 of the Waqf Act and come to conclude that they were prima facie even Waqf properties. If this were to be permitted, it would amount to nullifying the order of the Land Tribunal which remained unchallenged. Therefore, the Co-ordinate Bench quashes the impugned action therein. 11. In the case at hand as well, the order of the Land Tribunal has remained unchallenged. Having kept quiet, the Waqf cannot now use Section 54 of the Waqf Act to get over the order of the Land Tribunal and summon the petitioner to answer as to why the sale pursuant to which he has come into possession should not be annulled. 12. In the light of the issue standing answered by the aforesaid Co-ordinate Benches, there is no warrant to pass any other order other than what the Co-ordinate Benches have held. For the aforesaid reasons, the following: ORDER i) The writ petition is allowed. ii) The impugned notice bearing No.KSBA / ENQ – 52 / 04 / KPL / 2023 dated 01.02.2023 issued by the respondent No.1 is hereby quashed.” 10. In view of the aforesaid facts and the order quoted (supra), the petition deserves to succeed, and Accordingly the following: - 11 - HC-KAR NC: 2025:KHC-D:17396 WP No. 100007 of 2024 C/W WP No. 101243 of 2024 ORDER i. The writ petitions are allowed. ii. The order dated 16.03.2023 bearing No. ENQ- 52/43/BGM/2019 passed by respondent No.2, produced as Annexure-R in both the petitions, stands quashed. iii. In W.P. No.100007/2024, the communication dated 11.10.2023 bearing No. KSBA/ENQ-52/43/BGM/2019 issued by respondent No.2, produced as Annexure-S, also stands quashed. iv. In W.P. No.101243/2024, the order dated 13.12.2023 bearing No. RB/WAKF/52(2)CR-03/2023-24 passed by respondent No.3, produced as Annexure-S, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 7