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2025 DAILYLAW 65893 (KAR)

SHRI.ARIF AHMED KITTUR,S/O ABDUL RAHIM v. THE STATE OF KARNATAKA

WP/104274/2022 · 2025-11-05

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15120 WP No. 104274 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104274 OF 2022 (GM-WAKF) BETWEEN: 1. SHRI.ARIF AHMED KITTUR,S/O ABDUL RAHIM AGE:46 YEARS, OCC:: AGRICULTURE, R/O.:JAI HIND ROAD, ALNAVAR TOWN, ALNAVAR TALUK, DHARWAD DISTRICT - 581103 2. ASHFAK AHMEDS/O DILAWARKHANAGAVI, AGE: 52 YEARS, OCC::AGRICULTURE, NEHRU NAGAR, ALNAVAR TOWN, ALNAVAR TALUK,DHARWAD DISTRICT-581103 3. ASIFAHMED S/ODILAVARKHANAGAVI AGE: 45 YEARS, OCC:: AGRICULTURE, NEHRU NAGAR, ALNAVAR TOWN, ALNAVAR TALUK, DHARWAD DISTRICT-581103 4. MAHAMMAD TANAVEERMOULASAB MULLA AGE: 37 YEARS, OCC:: AGRICULTURE, SHIVAJI ROAD, ALNAVAR TOWN, ALNAVAR TALUK, DHARWAD DISTRICT-581103 5. BABAJAN ABDUL HAMID BAGEWADI AGE: 36 YEARS, OCC:: AGRICULTURE, SHIVAJI ROAD, ALNAVAR TOWN ALNAVAR TALUK, DHARWAD DISTRICT -581103 …PETITIONERS (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, MINORITY WELFARE DEPARTMENT, VIDHANSOUDHA, BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE KARNATAKA STATE BOARD OF AUQAF, BENGALURU, ‘DARULAUQAF’, NO.6, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15120 WP No. 104274 of 2022 CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU – 560 051 REPRESENTED BY ITS ADDITIONAL CHIEF EXECUTIVE OFFICER 3. THE CHAIRMAN/WAKF OFFICER, DISTRICT WAQF ADVISORY COMMITTEE, DHARWAD, TQ. & DT: DHARWAD – 580 001 4. ANJUMAN-E-ISLAM, ALNAVAR, TQ.:ALNAVAR, DIST: DHARWAD – 581 103 REPRESENTED BY ITS PRESIDENT 5. FAHIM S/O MUJAHID CONTRACTOR AGE: MAJOR, OCC: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 6. MOHAMMED SADIQUE S/O ABDUL KHYUMAWARADI AGE: MAJOR, OCC: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 7. NADEEM S/O MUJAHID CONTRACTOR AGE: MAJOR, OCC: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 8. SAMIULLA SHA S/O INAYATULLASHAMAKANDAR AGE: MAJOR, OCC: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 9. JANGLISABDAWALASABTAHASILADAR AGE: MAJOR, OCC: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 10. SAYEED AHMED S/O ABDUL WAHAB TOLAGI AGE: MAJOR, OCC:: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 11. SHAHJAHAN S/O KHADER SHAH BEEDI AGE: MAJOR, OCC: AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:15120 WP No. 104274 of 2022 ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 12. ABDUL RASHID S/O RAZZAK KHANAPUR AGE: MAJOR, OCC: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 13. ABDUL SATTAR S/O ABDUL GAFFAR AGE: MAJOR, OC:: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 14. MOHAMMED SHAFISHAIKH S/O SHAIKH MAKTUM KHATIB AGE: MAJOR, OCC:: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 15. SHAUKKATALI S/O BABUSABKURAPALIS AGE: MAJOR, OCC:: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 16. ABDUL KHADAR S/O MUGUTASABKITTUR AGE: MAJOR, OCC:: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 17. RIYAZ AHMED S/O ABDUL MAJID BEDRAKAR AGE: MAJOR, OCC:: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 18. AKHALAQ AHAMED MOHAMMED GOUSENICHANAKI AGE: MAJOR, OCC:: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 19. REHAMATULLA S/O HUSSAINSABMIRAJAKAR AGE: MAJOR, OCC:: AGRICULTURE, ALNANVAR TOWN, ALNAVAR TALUK DHARWAD DISTRCT, 581103 20. ZARIF HUSSAIN SAYED AGE: MAJOR, OCC: AGRCULTURE, - 4 - HC-KAR NC: 2025:KHC-D:15120 WP No. 104274 of 2022 R/O: JAI-HIND ROAD, ALNAVAR TOWN, ALNAVAR TALUK, DIST: DHARWAD – 581 103. 21. NABISAB MAKTUNSAB MUJAWAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: NEHRU NAGAR, ALNAVAR TOWN, ALANAVAR TALUK, DIST: DHARWAD – 581 103. 22. AFATB ABAHMED ABDUL QUADER MANNURKAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: INDIRA NAGAR, ALNAVAR TOWN, DIST: DHARWAD – 581 103. 23. ABDUL SAMAD KHUTABUDDIN LALMIYA, AGE: MAJOR, OCC: AGRICULTURE, R/O: INDIRA NAGAR, ALNAVAR TOWN, DIST: DHARWAD – 581 103. 24. JAVEED HUSSAIN ABDUL RAHIM KITTUR AGE: MAJOR, OCC: AGRICULTURE, R/O: JAI HIND ROAD, ALNAVAR - 581 103, DIST: DHARWAD. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SRI. D.L.LADKHAN, ADVOCATE FOR R3; SRI. B. MUHAMMED ALI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 06/04/2022 PASSED BY RESPONDENT NO. 2/KARNATAKA STATE BOARD OF AUQAF, BENGALURU BEARING ORDER NO. KSBA/MSC/33/DHD/2020-21 VIDE ANNEXURE-A. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 AND 3 TO CALL FOR ELECTIONS TO THE 4TH RESPONDENT AS PER CLAUSE 3.4 OF THE BYE LAWS OF 4TH RESPONDENT VIDE ANNEXURE-B. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO. 2 TO APPOINT RESPONDENT NO. 3 AS THE ADMINISTRATOR OF RESPONDENT NO.4 FOR THE INTERREGNUM PERIOD UNTIL THE ELECTIONS TO THE 4TH RESPONDENT ARE HELD AND A DEMOCRATICALLY ELECTED MANAGING COMMITTEE IS CONSTITUTED AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:15120 WP No. 104274 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The learned counsel appearing for the respondent submits that the petition has been rendered infructuous due to efflux of time. Learned counsel for the petitioner does not dispute the said position. Accordingly, the petition is disposed of as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 73