MR. F M SULTAN v. THE KARNATAKA STATE BOARD OF AUQAF
WP/28184/2025 · 2025-11-12
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79492 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79492 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46370 WP No. 28184 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28184 OF 2025 (GM-WAKF) BETWEEN:
1.
MR. F M SULTAN, S/O B. MOHAMMED FAKIRUDDIN @ CHOTU SAB, AGED ABOUT 50 YEARS.
R/ A NO.65, MASJID ROAD, JOLLY MOHALLA, BENGALURU - 560 056.
2.
MR. MOHAMMED ZAKIR, S/O LATE F. M. AKBER, AGED ABOUT 43 YEARS, R/AT NO.17/3, 2ND FLOOR, 10TH CROSS, CHANDRA LAYOUT, BENGALURU - 560 052. …PETITIONERS (BY SRI MOHAMMED SALEHA, ADVOCATE FOR M.S. MUKARRAM, ADVOCATE)
AND:
1.
THE KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNINGHAM ROAD, BENGALURU - 560 052, REP. BY ITS CHIEF EXECUTIVE OFFICER.
2.
THE MANAGING COMMITTEE, DARGAH HAZRATH TAWAKKAL MASTAN SHAH (R.A) OTC ROAD, COTTONPET BENGALURU - 560 053, REP. BY ITS SECRETARY.
3.
ROSHAN ALI ALIAS NAYAZ AHMED, SAHIB QIBLA, AGED ABOUT 40 YEARS, S/O R. NISAR AHMED, LATE, OCCUPATION SAJJADANASHEEN AND CUSTOMARY MUJAWAR OF DARGAH HAZRATH TAWAKAL MASTAN SHAH SUHARWARDI (RA). BENGALURU - 560 053.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46370 WP No. 28184 of 2025
R/O NO.422/1, OTC ROAD, COTTONPET BENGALURU - 560 053, PRESENTLY RESIDING AT NO.8, 1ST FLOOR, RATAN SINGH ROAD, FRAZER TOWN, BENGALURU - 560 005.
4.
SRI PARVEEZ AHMED, S/O LATE SRI. AZMATHULLA, AGED ABOUT 40 YEARS, OCC: MUJAWAR, HAZRATH TAWAKAL MASTAN, SHAH SUHARWARDI (RA), BENGALURU - 560 053.
5.
SRI MOHAMMED GHOUSE, S/O LATE SRI. ABDUL RAHEEM, AGED ABOUT 57 YEARS, HAZRATH TAWAKAL MASTAN SHAH SUHARWARDI (RA), BENGALURU-560 053. …RESPONDENTS (BY SRI A MOHAMMED TAHIR, ADVOCATE FOR C/R-4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 05/08/2025 PASSED IN APPLICATION NO. 50/2022 PASSED BY THE PRESIDING OFFICER, KARNATAKA WAKF TRIBUNAL, BANGALORE DIVISION, BANGALORE, REJECTING IA NO. 7 FILED BY THE PETITIONER VIDE ANNEXURE-A AND CONSEQUENLTY BY ALLOWING THE APPLICATION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs;
"Wherefore the petitioner humbly prays that this Hon'ble court may kindly be pleased to set aside the
order dated 05-08-2025 passed in Application No.50/ 2022 passed by the Presiding Officer, Karnataka Wakf Tribunal, Bangalore Division, Bangalore, rejecting I.A. No. 7 filed by the petitioner vide Annexure-A and consequently by allowing the application and grant
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HC-KAR NC: 2025:KHC:46370 WP No. 28184 of 2025
such other incidental relief which this Hon'ble Court deems fit and proper under the
facts and circumstances of the case in the interest of justice and equity."
2. What has been challenged by the petitioner is the rejection of IA No.7 by the WAKF Tribunal, IA No.7 having been filed under Rule 17 of Order 6 of the Code of Civil Procedure for amendment.
3. In view of Sub-section (9) of Section 83, no appeal shall lie against any decision or order of the Tribunal, whether interim or otherwise. However, under the proviso, the High Court, in the exercise of its judicial power, may correct any error committed by the Tribunal.
4. Faced with the above situation, learned counsel for the petitioner submits that the above petition be converted into a Civil Revision Petition.
5. Accepting the said submission, the above petition is converted into Civil Revision Petition. Learned counsel for the petitioner to carry out necessary formalities, once the formalities are completed,
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HC-KAR NC: 2025:KHC:46370 WP No. 28184 of 2025
registry is directed to place the matter before the Appropriate Bench.
6. For the purpose of statistics, the writ petition stands
disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 10