- 1 - NC: 2025:KHC-D:959 WP No. 105276 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105276 OF 2024 (GM-WAKF) BETWEEN: 1. KAPPAGAL RASULSAB S/O NABEESAB AGE 70 YEARS OCC: AGRICULTURE AND MUJAWAR OF PANJA MASEED KAPPAGAL R/O KAPPAGAL VILLAGE POST.KAPPAGAL DIST. BALLARI 583101. 2. SHARMAS S/O SAKRAPPA AGE 50 YEARS OCC AGRICULTURE AND MUJAWAR OF PANJA MASEED KAPPAGAL R/O KAPPAGAL VILLAGE POST.KAPPAGAL DIST. BALLARI 583101. 3. KHASIMSAB S/O MOOGIN VANDRAPPA HONNURSAB AGE 41 YEARS OCC AGRICULTURE AND MUJAWAR OF PANJA MASEED KAPPAGAL R/O KAPPAGAL VILLAGE POST.KAPPAGAL DIST. BALLARI 583101. … PETITIONERS (BY SRI. V M SHEELVANT, ADVOCATE) AND: 1. DISTRICT WAQF BOARD KOUL BAZAR NEAR, 1ST GATE, BELLARI -583101 BY ITS CHIEF EXECUTIVE OFFICER, 2. PANJE MASJEED SUNNI, KAPPAGAL TQ. KAPPAGAL DIST. BELLARI 583101 BY ITS CHIEF SECRETARY. 3. THE DEPUTY COMMISSIONER BELLARI 58w3101 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:959 WP No. 105276 of 2024 4. THE ASSISTANT COMMISSIONER BELLARI 583101. … RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R3 & R4; SRI. MOHAMMAD ALI, ADVOCATE FOR R1; SMT. RANJITA G. ALAGAWADI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, HOLDING THAT THE PETITIONERS ARE MUJAWARS OF THE 2ND RESPONDENT WAQF AND ARE ENTITLE TO CULTIVATE THE LAND BEARING SY NO. 359 MEASURING 12 ACRES 57 CENTS SITUATED AT KAPPAGAL VILLAGE, DIST. BELLARI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to declare the petitioners are hereditary mujawars of the second respondent – WAKF Board and are entitled to cultivate the land bearing Sy. No.359 measuring 12 acres and 57 cents in Kappagal Village, Ballari District. 2. Heard the learned counsel Shri V.M. Sheelavant for the petitioner, learned AGA Shri Sharad V.Magadum for respondent Nos.3 & 4, learned counsel Shri Mohammad Ali - 3 - NC: 2025:KHC-D:959 WP No. 105276 of 2024 for respondent No.1 and Smt. Ranjita G.Alagawadi for respondent No.2. 3. The petitioner claims to be a hereditary mujawar of the aforesaid property which is seriously disputed by the second respondent – WAKF Board. Learned counsel representing the WAKF Board would take this Court through an order passed by the Coordinate Bench in CRP No.200020/2019, dated 16th December 2024, which clearly holds that the disputes with regard to the Mutavalli or the Mujawar has to be decided by the Board and this Court would not enter into such disputes. In that light, I deem it appropriate to direct the petitioner to approach the Board with necessary representation / application as held by the Coordinate Bench. 4. Interim order is granted by this Court on 11.09.2024 and the same is in operation till today. Therefore, I deem it appropriate to extend the said interim order for another four weeks from the date of receipt of a copy of this order. The interim order subsisting today shall - 4 - NC: 2025:KHC-D:959 WP No. 105276 of 2024 continue for a period of four weeks from the date of receipt of a copy of this order. In the event the petitioner would not approach the Board within four weeks, the interim order would automatically get vacated. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE VNP / CT: ASC List No.: 1 Sl No.: 14