- 1 - HC-KAR NC: 2025:KHC:48066 WP No. 52749 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 52749 OF 2019 (GM-WAKF) BETWEEN: TAHA EDUCATIONAL TRUST BANGALORE A REGISTERED WAKF, NO.25/2, ARMSTRONG ROAD, BEHIND BHARATHINAGAR POLICE STATION, SHIVAJINAGAR BANGALORE - 560 001. REPRESENTED BY ITS AUTHORIZED REPRESENTIVES AND TRUSTEE MR. MAAZ AHMED SHARIEFF …PETITIONER (BY SRI. PRATIK PANY, ADVOCATE FOR SRI. ABHILASH RAJU, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAKF NO.6, 'DARUL AUQAFS' CUNNINGHAM ROAD, BANGALORE - 560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 2. NAVBAHARR SHAH MAKAN A REGISTERED WAKF, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48066 WP No. 52749 of 2019 MAKAN ROAD, CIVIL STATION, BANGALORE 560 001 REPRESENTED BY ITS PRESIDENT/SECRETARY 3. M/S SHAHEEN EDUCATIONAL TRUST A REGISTERED NON-PROFIT ORGANIZATION, SITUATED AT ARMSTRONG ROAD, NEAR BAEDWADI MOSQUE, SHIVAJINAGAR, BANGALORE - 560 001 REPRESENTED BY ITS CHAIRMAN. …RESPONDENTS (BY SRI. USMAN P., ADVOCATE FOR R1 SRI. MOINUDDIN N., ADVOCATE FOR R2 SRI. MOHAMMED JAHIR, ADVOCATE FOR R3) ------ THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 21.06.2019 VIDE ANNX-P ISSUEDBYR-1.GRANT AN INTERIM ORDER TO STAY THE OPERATION OF ORDER DTD 21.06.2019 VIDE ANNX-P ISSUED BY R-1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:48066 WP No. 52749 of 2019 ORAL ORDER In this petition, petitioner is assailing the Order dated 21.06.2019 (Annexure-P) issued by the respondent No. 1. 2. The facts in nutshell for the purpose of adjudication of this petition are that, the petitioner is a Trust and has taken the subject land for lease as per the Registered Trust Deed dated 31.10.1985 (Annexure A). It is also stated that, the Certificate of Registration has been made in respect of the petitioner-Trust as a 'Wakf' as per Annexure-B to the writ petition. It is further stated that, the respondent No.1 is the Wakf Board, a Statutory Body constituted under the Provisions of Wakf Act, 1995. The respondent No.2 is a Registered Wakf, a Notified Wakf Institution in respect of the land in question. 3. The petitioner-Trust has requested the respondent No.2 to let out the premises in question to run the Educational Institution for the benefit of their Community Students and as such, Registered Lease Deed dated 06.04.1989 (Annexure-C) was executed for a period of 30 years. It is also to be noted that, the parties have entered into a Memorandum of Understanding dated 10.03.2014 (Annexure-E). It is the - 4 - HC-KAR NC: 2025:KHC:48066 WP No. 52749 of 2019 grievance of the petitioner that, the respondent No.1 had caused Notice dated 25.11.2014 (Annexure-G), seeking eviction of the petitioner on the ground that, the lease period has come to an end, for which the petitioner has filed reply dated 29.12.2014 as per Annexure-H to the writ petition. 4. In the meanwhile, the respondent No.1 has issued the impugned letter dated 21.06.2019 (Annexure-P) addressed to the respondent No.2-Institution stating that, the lease of the land belonging to the respondent No.2, has come to an end and therefore, resolved to handing over the premises in question to one M/s.Shaheen Educational Trust-Respondent No.3 for a period of 11 months. Feeling aggrieved by the same, the petitioner has presented this writ petition. 5. I have heard Sri.Prathik Pany, learned counsel for Sri.Abhilash Raju, learned counsel for the petitioner, Sri.Usman.P, learned counsel for the respondent No.1, Sri.Moinuddin for respondent No.2 and Sri.Mohammed Tahir, learned counsel for the respondent No.3. - 5 - HC-KAR NC: 2025:KHC:48066 WP No. 52749 of 2019 6. Sri.Pratik Pany, learned counsel appearing for the petitioner, submitted that the premises in question has been given to the petitioner-Trust for the purpose of running the Educational Institution as per the Lease Deed produced at Annexure-C. It is also submitted by the learned counsel for the petitioner that, since the lease period has come to an end and as it is the duty of respondent No.1 to allot the premises in question as per Section 56 of the Wakf Act, 1995 and as the respondent No.1, without resorting to Section 56 of the aforesaid Act, has leased the premises in question for a period of 11 months in favour of the respondent No.3, requires to be interfered with in this writ petition. Accordingly he sought for interference of this Court. 7. Per contra, Sri.Usman P, learned counsel appearing for respondent No.1 sought to justify the impugned letter at Annexure-P and argued that, since the period of lease of the petitioner has been completed by efflux of time, the petitioner has no legal right to challenge the letter dated 21.06.2019 (Annexure-P) to the petition. - 6 - HC-KAR NC: 2025:KHC:48066 WP No. 52749 of 2019 8. Sri.Mohammed Tahir, learned counsel for respondent No.3 reiterates the averments made in the statement of objections and further contended that, in Application No.3/2017 before the Karnataka Wakf Tribunal, Bengaluru (Annexure-R2), the petitioner herein has suffered an order by the Competent Tribunal and therefore, the petitioner has no legal right to challenge the impugned letter at Annexure-P to the writ petition and accordingly, he sought for dismissal of the writ petition. 9. In the light of the submissions made by learned counsel for the parties, it is not in dispute that, execution of Lease Deed dated 06.04.1989 (Annexure-C) in respect of the premises in question by the petitioner is, at the instance of the respondent No.1. The period mentioned in the lease is for a period of 30 years. No doubt, the period of 30 years has expired by efflux of time and thereafter, it is the duty of the respondent No.1 to follow the provision contained under Section 56 of the Wakf Act, 1995 read with Rules 4 and 5 of the Wakf Properties Lease Rules, 2014. It is also to be noted that, the Respondent No.1- Board, having issued the impugned letter at Annexure-P stating - 7 - HC-KAR NC: 2025:KHC:48066 WP No. 52749 of 2019 that, the period of 30 years has been completed in respect of the petitioner herein is concerned, however, without recourse to Section 56 of the Wakf Act, 1995 or Rule 4 and 5 of the Wakf Properties Lease Rules 2014, has passed a Resolution and the premises in question has been given to the respondent No.3, which is contrary to the Act and Rules. 10. Hence, to that extent, I find force in the submission made by the learned Counsel appearing for the petitioner in regard to Respondent No.1, being a Statutory Body constituted under the Wakf Act, 1995, has not followed the provisions under the Wakf Act, 1995 and the relevant Rules while leasing out the property for Lease in respect of the premises in question, in favour of Respondent No.3. 11. It is also to be noted that, the Respondent No.1 as per the order dated 19.05.2016 (Annexure-L), has terminated the Lease made in favour of the petitioner, since by efflux of time the period of Lease has come to an end and therefore, I am of the view that, it is open for the Respondent No.1 to lease the premises in question henceforth, in terms of Section 56 of the - 8 - HC-KAR NC: 2025:KHC:48066 WP No. 52749 of 2019 Wakf Act, 1995 read with Rules 4 and 5 of the Wakf Properties Lease Rules 2014. 12. Hence I pass the following : ORDER i) The writ petition is dismissed; ii) Henceforth, the respondent No.1 is directed to lease the premises in question by following the provision contained in Section 56 of the Wakf Act, 1995 read with Rules 4 and 5 of the Wakf Properties Lease Rules 2014. Pending applications stand disposed of. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 29 CT-SG