- 1 - HC-KAR NC: 2025:KHC:53125 WP No. 4066 of 2023 C/W WP No. 4056 of 2023 WP No. 4062 of 2023 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4066 OF 2023 (GM-WAKF) C/W WRIT PETITION NO. 4056 OF 2023 (GM-WAKF) WRIT PETITION NO. 4062 OF 2023 (GM-WAKF) WRIT PETITION NO. 4076 OF 2023 (GM-WAKF) WRIT PETITION NO. 4083 OF 2023 (GM-WAKF) IN WP No. 4066/2023 BETWEEN: MOHAMMED ANEED AND BROTHERS, SHOP NO. 44, G.C. COLONY ROAD, HKP DARGAH COMPOUND, SHIVAJINAGAR, BANGALORE - 560 051, PARTNERSHIP FIRM RPRESENTED BY MOHAMMED ANEED S/O MOHAMMED HUSSAIN AGED 44 YEARS. …PETITIONER (BY SRI. VEERENDRA SHARMA R, ADVOCATE) AND: DARGAH AND MASJID HAZRATH KAMBAL POSH (R.A) AND ITS ALLIED INSTITUTION, H.K.P ROAD, SHIVAJINAGAR, BANGALORE - 560 051 REPRESENTED BY Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53125 WP No. 4066 of 2023 C/W WP No. 4056 of 2023 WP No. 4062 of 2023 AND 2 OTHERS IT'S SECRETARY. …RESPONDENT (BY SRI. SYED IMRAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, N.6, CUNNINGHAM, ROAD, BANGALORE DATED 14.12.2022, PASSED IN CASE NO. KSBA /INQ/06(03)/BNU/2016 ANNEXURE A AND ETC., IN WP NO. 4056/2023 BETWEEN: JANAB SYED IQBAL S/O LATE SYED ISMAIL, AGED ABOUT 56 YEARS, SHOP NO. 76, G.C. COLONY ROAD, HKP DARGAH COMPOUND, SHIVAJINAGAR, BANGALORE - 560 051 (RESPONDENT IN KSBW/ENQ/6(9)/BNU/2016-17) ...PETITIONER (BY SRI. VEERENDRA SHARMA R, ADVOCATE) AND: DARGAH AND MASJID HAZRATH KAMBAL POSH (R.A) AND ITS ALLIED INSTITUTION, H.K.P. ROAD, SHIVAJINAGAR, BANGALORE - 560 051 REPRESENTED BY ITS SECRETARY. ...RESPONDENT (BY SRI. SYED IMRAN, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE - 3 - HC-KAR NC: 2025:KHC:53125 WP No. 4066 of 2023 C/W WP No. 4056 of 2023 WP No. 4062 of 2023 AND 2 OTHERS IMPUGNED ORDER OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNINGHAM, ROAD, BANGALORE DTD 14.12.2022 PASSED IN CASE NO.KSBA/INQ/06(9) /BNU/2016 VIDE ANNX-A AND ETC., IN WP NO. 4062/2023 BETWEEN: SADATHULLAH KHAN S/O LATE INAYATHULIA KHAN, AGED ABOUT 40 YEARS, SHOP NO. 64, G.C. COLONY ROAD, HKP DARGAH COMPOUND, SHIVAJINAGAR, BANGALORE - 560 051 (RESPONDENT IN KSBW/ENQ/6(12)/BNU/2016-17) ...PETITIONER (BY SRI. VEERENDRA SHARMA R, ADVOCATE) AND: DARGAH AND MASJID HAZRATH KAMBAL POSH (R.A) AND ITS ALLIED INSTITUTION, H.K.P. ROAD, SHIVAJINAGAR, BANGALORE - 560 051 REPRESENTED BY ITS SECRETARY. ...RESPONDENT (BY SRI. SYED IMRAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE IMPUGNED ORDER OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, NO.6 CUNNINGHAM, ROAD, BANGALORE DATED 14/12/2022, PASSED IN CASE NO. - 4 - HC-KAR NC: 2025:KHC:53125 WP No. 4066 of 2023 C/W WP No. 4056 of 2023 WP No. 4062 of 2023 AND 2 OTHERS KSBA/INQ/06(12)/BNU/2016, ANNEXURE-A AND ETC., IN WP NO. 4076/2023 BETWEEN: MRS. SHAHIDA BEGUM W/O NASIR KHAN, AGED ABOUT 42 YEARS, HKP DARGAH COMPOUND, HKP(BROADWAY)ROAD SHIVAJINAGAR, BANGALORE - 560 051 (RESPONDENT IN KSBW/ENQ/6(6)/BNU/2016-17) ...PETITIONER (BY SRI. VEERENDRA SHARMA R, ADVOCATE) AND: DARGAH AND MASJID HAZRATH KAMBAL POSH (R.A) AND ITS ALLIED INSTITUTION, CONSTITUTED BY THE GOVT OF KARNATAKA UNDER THE WAQF ACT, 1995 H.K.P ROAD, SHIVAJINAGAR BANGALORE - 560 051 REPRESENTED BY ITS SECRETARY. ...RESPONDENT (BY SRI. SYED IMRAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNINGHAM ROAD, BANGALORE DATED 14.12.2022, PASSED IN CASE NO.KSBA/INQ/06(6)/BNU/2016, ANNEXURE-A AND ETC., - 5 - HC-KAR NC: 2025:KHC:53125 WP No. 4066 of 2023 C/W WP No. 4056 of 2023 WP No. 4062 of 2023 AND 2 OTHERS IN WP NO. 4083/2023 BETWEEN: RIYAZ AHMD @ MATEEN S/O LATE ABDUL MALIK, AGED 51 YEARS, NO. 2, 3RD FLOOR, SLAUGHTER HOUSE ROAD, 'B' STREET, BROADWAY ROAD, SHIVAJINAGAR, BANGALORE - 560 051 (RESPONDENT IN KSBW/ENQ/6(11)/BNU/2016-17) ...PETITIONER (BY SRI. VEERENDRA SHARMA R, ADVOCATE) AND: DARGAH AND MASJID HAZRATH KAMBAL POSH (R.A) AND ITS ALLIED INSTITUTION, H.K.P. ROAD, SHIVAJINAGAR, BANGALORE - 560 051 REPRESENTED BY ITS SECRETARY. ...RESPONDENT (BY SRI. SYED IMRAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE IMPUGNED ORDER OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNINGHAM, ROAD, BANGALORE DATED 14/12/2022 PASSED IN CASE NO. KSBA/INQ/06(11)/BNU/2016, ANNEXURE-A AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 6 - HC-KAR NC: 2025:KHC:53125 WP No. 4066 of 2023 C/W WP No. 4056 of 2023 WP No. 4062 of 2023 AND 2 OTHERS ORAL ORDER Heard the learned counsel appearing for the parties. 2. In all these writ petitions, petitioners are assailing the same impugned orders, i.e., order dated 14.12.2022, passed by the Inquiry Officer and the Chief Executive Officer, Karnataka State Board of Auqaf (Annexure-A) to the writ petition. 3. Having taken note of a submission made by the learned counsel appearing for the parties and the execution of Lease Deed between the petitioners and the respondent as per Annexure B, the Inquiry Officer and the Chief Executive Officer of the Board, ought not to have converted the petition under Section 52 of the Wakf Act to Section 54 of the said Act, by looking into the language employed in these provisions of the Act. 4. In that view of the matter, the order dated 14.12.2022 passed at Annexure-A is hereby quashed and the aforementioned Authority is directed to continue the proceedings under Section 52 of the Wakf Act and conclude the - 7 - HC-KAR NC: 2025:KHC:53125 WP No. 4066 of 2023 C/W WP No. 4056 of 2023 WP No. 4062 of 2023 AND 2 OTHERS same within an outer limit of six months from the receipt of this order. 5. With this observation, the writ petitions are disposed of. All contentions of the parties are kept open. SD/- (E.S.INDIRESH) JUDGE VS List No.: 1 Sl No.: 46