- 1 - NC: 2025:KHC-D:5856-DB WA No.100497 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100497 OF 2024 (GM-WAKF) BETWEEN: THE PRESIDENT OF USMANIYA MASJID MUSLIM JAMATH, BARAKOTRI JANAT QUARTERS, UNIVERSITY ROAD, DHARWAD–580001. …APPELLANT (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER KARNATAKA SATTE BOARD OF AUQAF #6, DARUL AUQAF, CUNNINGHAM ROAD, BENGALURU–560052. 2. THE DISTRICT WAQF OFFICER, DHARWAD MAULANA AZAD BHAVAN, SADHANKERI ROAD, DHARWAD–580008. 3. ARIF S/O RAJISAB BASTI AGE: 35 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD–580001. 4. NASEER AHMED S/O GADARSAB TASIDAR AGE: 40 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5856-DB WA No.100497 of 2024 5. MOHD. SADIQ SHIVALLI AGE: 55 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 6. HOUSAH. M. H AGE: 57 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD–580001. 7. SHARFARZ S. SHIVALLI AGE: 44 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 8. TAUFIQ S. DESAI AGE: 43 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 9. MHD. M. UMAR SOUDAGAR AGE: 39 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 10. SHABIR AHMED KILLEDAR AGE: 33 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 11. IRAN P. POOLWALE AGE: 55 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 12. JAVEED M. TAHASILDAR AGE: 46 YEARS, OCC: PRIVATE SERVICE, - 3 - NC: 2025:KHC-D:5856-DB WA No.100497 of 2024 R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 13. AJGAR ALI, S/O NAVISAB PATEL AGE: 38 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 14. SHABIR AHMED INAMDAR AGE: YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 15. IMITIAZ SOUDAGAR AGE: 36 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. 16. MAKTUM AHMEDSAB INAMDAR AGE: 67 YEARS, OCC: PRIVATE SERVICE, R/O: BARAKOTRI JANATA QUARTERS UNIVERSITY ROAD, DHARWAD-580001. …RESPONDENTS (BY SRI. SANTOSH MALLIGAWAD, ADV. FOR R4-R6 AND R9-R16 SRI. D.L. LADKHAN, ADVOCATE FOR R1 SRI. B. MUHAMMAD ALI, ADVOCATE FOR R1 & R2) (NOTICE TO R3,R7 & R8 SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 13.09.2024 PASSED BY LEARNED SINGLE JUDGE IN W.P.NO.102780/2024 BY ALLOWING THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC-D:5856-DB WA No.100497 of 2024 THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard Sri. Sadiq N.Goodwala, learned counsel for the appellant, Sri Santhosh Mallligawad, learned counsel for respondents No.4 to 6 and 9 to 16 as well as Sri. D.L.Ladkhan, learned counsel for respondent No.1. Perused the entire writ appeal papers. 2. The parties to the appeal would be referred to as they stood before the Writ Court. The appellant was respondent No.3 before the Writ Court, and respondents No.3 to 16 were the petitioners before the learned Single Judge. 3. The writ petitioners had prayed for quashing of Annexure-G, a letter addressed by the Karnataka State Board of Auqaf to the Chief Executive Officer, Karnataka State Board of Auqaf to take steps for constitution of - 5 - NC: 2025:KHC-D:5856-DB WA No.100497 of 2024 Managing Committee of Usamaniya Masjid Muslim Jamath, Barakotri, Janata Quarters, University Road, Dharwad Taluk & District, also seeking for a direction to consider the representations at Annexures-F to F3, objecting the proposal for formation of new management committee. The learned Single Judge, after hearing the parties, under the impugned order dated 13.09.2024 allowed the writ petition, and quashed Annexures-G & H with a direction to consider the representations and conduct election in accordance with law. Against the said order, respondent No.3 before the learned Single Judge is in appeal. 4. Without going into the various contentions and grounds urged by the appellant, it is suffice to note the submission of respondent No.3/appellant before the learned Single Judge to dispose of the present appeal. At paragraph 11 of the impugned order, the learned Single Judge has recorded that respondent No.3 has no objections for holding the election and he is also ready for election. Having made the submission, it is not open for the appellant to file the appeal against the impugned order. The appellant having - 6 - NC: 2025:KHC-D:5856-DB WA No.100497 of 2024 consented for conducting of the elections, cannot turn around and question the direction issued by the learned Single Jude to conduct election in accordance with law. The appellant has no locus to question the order of the learned Single Judge. In the above circumstances, the appeal is devoid of merit and accordingly, the writ appeal stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, LIST NO.: 1 SL NO.: 7