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2025 DAILYLAW 82462 (KAR)

MR A ALAM PASHA (FOUNDER) v. THE STATE OF KARNATAKA

WP/19284/2024 · 2025-10-09

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39903-DB WP No. 19284 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 19284 OF 2024 (GM-WAKF) BETWEEN: 1. MR. A. ALAM PASHA (FOUNDER) S/O LATE P. AMEER SHEB AGED ABOUT 58 YEARS REGD. OFFICE # 674 9TH 'A' MAIN, 1ST STAGE 1ST CROSS, INDIRANAGAR BANGALORE - 560 038 …PETITIONER (BY SRI. NEERALGI JEEVANBABU JAGADISH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BANGALORE - 560 001 2. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY MINORITIES DEVELOPMENT AND WAKF DEPARTMENT VIKASA SOUDHA BANGALORE - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39903-DB WP No. 19284 of 2024 3. KARNATAKA STATE WAKF BOARD REP.BY ITS CHIEF EXECUTIVE OFFICER NO.6, CUNNINGHAM ROAD BANGALORE - 560 052 4. MR. MOHAMMED AYUB S. AGED ABOUT 57 YEARS SON OF S ABDUL AZEEZ RESIDEING AT No.170, 2ND CROSS S.N. PET, BALLARI - 583 101 (AMENDED AS PER ORDER DATED 19/03/20285 …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR R-1 & 2, SRI P. USMAN, ADVOCATE FOR R-3, SRI VIKRAM HILGOL, SENIOR ADVOCATE FOR SRI A.S. ZUBAIR AHMED KHAN, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION DECLARING THAT THE GOVERNMENT ORDER NO.MWD-65-WES-2022, BENGALURU DATED 30/09/2023, ISSUED UNDER THE HANDS OF THE UNDER SECRETARY TO GOVERNMENT, MINORITY, WAKF AND HAJ DEPARTMENT, IS INCONSISTENT WITH AND REPUGNANT TO THE PROVISIONS CONTAINED IN THE WAKF ACT, 1995, AND IS THEREFORE, ULTRA VIRES THE ACT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:39903-DB WP No. 19284 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, praying as under: "a. To issue a writ in the nature of mandamus or any other writ, order or direction declaring that the Government Order No.MWD-65-WES-2022, Bengaluru dated 30.09.2023 (sic), issued under the hands of the Under Secretary to Government, Minority, Wakf and Haj Department, is inconsistent with and repugnant to the provisions contained in the Wakf Act, 1995, and is therefore, ultra vires the Act. b. To issue a writ in the nature of certiorari or any other writ, order or direction for quashing the Government Order No.MWD-65-WES-2022, Bengaluru dated 30.09.2023 (sic), issued under the hands of the Respondent No.2 Annexure-A for being ultra vires the Wakf Act, 1995." 2. The petitioner impugnes the Government Order bearing No.MWD-65-WES-2022, Bengaluru dated 30.08.2023 (incorrectly referred to as dated 30.09.2023). 3. The learned Additional Government Advocate has handed over a memo enclosing therewith the Government Order dated - 4 - HC-KAR NC: 2025:KHC:39903-DB WP No. 19284 of 2024 26.09.2025 withdrawing the order impugned in the present petition. Thus, the relief sought for by the petitioner no longer survives. 4. The petition is, accordingly, disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 52