- 1 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO. 109746 OF 2017 (GM-WAKF) C/W WRIT PETITION NO. 103386 OF 2015 (GM-WAKF) WRIT PETITION NO. 109748 OF 2017 (GM-WAKF) IN WP NO. 109746/2017 BETWEEN: SHRI. RAZA RAMEEZ S/O. NASIRUDDIN BAGWAN AGE: 28 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: GANDIGWAD, KHANAPUR, TQ: KHANAPUR, DIST: BELAGAVI. …PETITIONER (BY SRI. F.V. PATIL, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAKFS REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, DARUL AWKAF, NO.6, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU. 2. THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.07 11:06:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 DARUL AWKAF, NO.6, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU. 3. THE NEW RIYAZUL-ULOOM ARABIC MADRASA REPRESENTED BY ITS CHAIRMAN, TQ: KHANAPUR, DIST: BELAGAVI. 4. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI. …RESPONDENTS (BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R3; SRI. D.L. LADKHAN, ADVOCATE FOR R1 AND R2; SRI. SHARAD V. MAGADUM, AGA FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, QUASH THE IMPUGNED ORDER DATED 23.09.2017 IN KWT/BGM/SR/APPLICATION NO.19/2017 PASSED BY THE V ADDL. DISTRICT AND SESSIONS JUDGE AND PRESIDING OFFICER WAKF TRIBUNAL, BELAGAVI VIDE ANNEXURE Z, IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 19.05.2017 BEARING NO.INQ/24/BGM/2014 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE W, IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED LETTER ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE X DATED: 24-07-2017 BEARING NO.INQ/24/BGM/2014, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 103386/2015 BETWEEN: SHRI. RAZA RAMEEZ S/O. NASIRUDDIN BAGWAN - 3 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 AGE: 23 YEARS, OCC: AGRICULTURE, R/O: GANDIGWAD, KHANAPUR, TQ: KHANAPUR, DIST: BELAGAVI. ...PETITIONER (BY SRI. F.V. PATIL, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAKFS REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, "DARUL AWKAF", NO.6, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU. 2. THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS "DARUL AWKAF", NO.6, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU. 3. THE NEW RIYAZUL-ULOOM ARABIC MADRASA REPRESENTED BY ITS CHAIRMAN, TQ: KHANAPUR, DIST: BELAGAVI. 4. SHRI RAFIUDDIN MOHAMMAD SAB HONGAL, SINCE DECEASED BY HIS LEGAL HEIRS, SMT. BIBI KUTEJA @ ZAREENA W/O. RAFIUDDIN HONGAL (DIED), SMT. BIBI JAN W/O. RAFIUDDIN HONGAL (DIED), SHRI MEHABOOBSUBANI S/O. RAFIUDDIN HONGAL, R/O: NALABAND GALLI, SOMWARPETH KITTUR, - 4 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 TQ: BAILHONGAL, DIST: BELAGAVI. 5. SHRI IMTIYAZ AHMED S/O. RAFIUDDIN HONGAL, R/O: NALABAND GALLI, SOMWARPETH KITTUR, TQ: BAILHONGAL, DIST: BELAGAVI. 6. SMT. BIBI SALIMA W/O. KHADIR AHMED KITTUR, R/O: KOTWAL GALLI, BELAGAVI. 7. SMT. BIBI FATIMA W/O. ASGAR ALI GOKAK, R/O: BIDI POST, BIDI, TQ: KHANAPUR, DIST: BELAGAVI. 8. RIYAZ AHMED S/O. RAFIUDDIN HONGAL, R/O: NALABAND GALLI, SOMWARPETH, KITTUR, TQ: BAILHONGAL, DIST: BELAGAVI. 9. SMT. BIBI AYESHA W/O. IMAM KASIM MULLA, (SINCE DECEASED BY HER LEGAL HEIRS) SHRI IMAMKASIM S/O. MOHAMMAD GHOUSE MULLA, R/O: HOUSE NO.40, SAYYAD GALLI, KHANAPUR-591 302, TQ: KHANAPUR, DIST: BELAGAVI. 10. SHRI ASHRAF S/O. IMAMKASIM MULLA, R/O: SAYYAD GALLI, KHANAPUR-591 302. TQ: KHANAPUR, DIST: BELAGAVI. 11. SMT. NOOR SABA D/O. IMAM KASIM MULLA, R/O: SAYYAD GALLI, KHANAPUR-591 302, TQ: KHANAPUR, DIST: BELAGAVI. 12. SMT. HEENA KAUSAR D/O. IMAM KASIM MULLA, R/O: SAYYAD GALLI, KHANAPUR-591 302, - 5 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 TQ: KHANAPUR, DIST: BELAGAVI. ...RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE FOR R3; SRI. D.L. LADKHAN, ADVOCATE FOR R1 AND R2; NOTICE SERVED TO R4 TO R12) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER OF FINAL NOTICE IN CONTINUING AN ENQUIRY PROCEEDING VIDE ANNEXURE-W DATED 26.02.2015 BEARING NO.INQ/24/BGM/2014 PASSED BY RESPONDENT NO.2 AS ILLEGAL AND ONE WITHOUT JURISDICTION IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 109748/2017 BETWEEN: SHRI. RAZA RAMEEZ S/O. NASIRUDDIN BAGWAN AGE: 28 YEARS, OCC: AGRICULTURE, R/O: GANDIGWAD, KHANAPUR, TQ: KHANAPUR, DIST: BELAGAVI. ...PETITIONER (BY SRI. F.V. PATIL, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAKFS REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, ’DARUL AWKAF’, NO.6, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU. 2. THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, - 6 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 KARNATAKA STATE BOARD OF WAKFS, ’DARUL AWKAF’, NO.6, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU. 3. THE NEW RAIYAZUL-ULOOM ARABIC MADRASA REPRESENTED BY ITS CHAIRMAN, TQ: KHANAPUR, DIST: BELAGAVI. 4. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI. 5. THE TAHASILDAR, KHANAPUR, TQ: KHANAPUR, DIST: BELAGAVI. ...RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE FOR R3; SRI. D.L. LADKHAN, ADVOCATE FOR R1 AND R2; SRI. SHARAD V. MAGADUM, AGA FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE WAKF TRIBUNAL, BELAGAVI TO PASS AN ORDER ON THE APPLICATION FOR STAY FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE ON 18.09.2017 TO STAY THE EXECUTION, OPERATION AND IMPLEMENTATION OF THE IMPUGNED ORDER NO.KAN.SHA/WAKF/52/CR- 01/2017-18 DATED:24.08.2017 PASSED BY THE DEPUTY COMMISSIONER, BELAGAVI, VIDE ANNEXURE-U, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) In WP 109746/2017:- The petitioner is before this Court under Articles 226 and 227 of the Constitution of India, aggrieved by interim order dated 23.09.2017 in KWT/BGM/SR/ApplicationNo.19/2017(Annexure-Z) passed by the Vth Addl. District and Sessions Judge and Presiding Officer, Wakf Tribunal, Belagavi, wherein IA No.I filed by the petitioner under Section 151 of CPC in enquiry proceedings No.INQ/24/BGM/2014 dated 24.07.2017 passed by the respondent No.2 (Annexure-W) was rejected. 2. In WP No.103386/2015:- The same petitioner in Writ Petition No.109746/2017 is petitioner herein and is before this Court praying to quash the final notice for continuing the enquiry proceedings No.INQ/24/BGM/2014 dated 26.02.2015 passed by the respondent No.2 (Annexure-W) was rejected. - 8 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 3. In WP No.109748/2017:- The same petitioner as in the above writ petitions is before this Court seeking a writ of mandamus to pass an order on the application for Stay in proceedings in Appeal No.KWT/BGM/SR-7/2017 before Wakf Tribunal. 4. Heard the learned counsel for petitioner Sri.F.V.Patil in all the three writ petitions and learned counsels Sri.D.L.Ladkhan for respondent Nos.1 and 2, Sri.Sharad V. Magadum, AGA for respondent Nos.4 and 5 in WP No.109748/2017, Sri.B.S.Kamate, counsel for respondent No.3 in Writ Petition No.103386/2015 and learned counsel Sri.Dinesh M. Kulkarni for respondent No.3, learned counsel Sri.D.L.Ladkhan for respondent Nos.1 and 2, Sri.Sharad V. Magadum, learned AGA for respondent No.4 in WP No.109746/2017 and perused all the writ petition papers. - 9 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 5. It is seen that by virtue of interim order dated 16.04.2015, In WP No.103386/2015, entire enquiry proceedings are stayed. 6. In Writ Petition No.109746/2017, wherein, the petitioner has questioned the rejection of IA No.I wherein he had sought for stay of the enquiry. There is no interim order passed by this Court in this petition. In writ petition No.103386/2015 while challenging the order by which the petitioner is restrained from alienating the schedule properties, interim order staying the enquiry is passed, which the writ petitioner in- directly could not have obtained such an order staying the enquiry. The enquiry is with regard to the claim of the petitioner whether the properties in Survey No.152 measuring 14 acres 30 guntas Survey No.167 measuring 17 acres 39 guntas of Golihalli village, Khanapura taluk, Belagavi District are Wakf Properties or not. The said question is already determined by State Wakf Board holding that they are the Wakf properties. Against the said order, petitioner - 10 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 is before the Wakf Tribunal, Belagavi. It is for the Wakf Tribunal to decide the validity of the order passed by the Wakf Board, Belagavi. It is not proper to stay the proceedings before the Wakf Tribunal. On disposal of the proceedings by the Wakf Tribunal it is open for the aggrieved party to approach this Court. At this interim stage normally this Court would not entertain the petitioner under Article 226 of the Constitution of India unless it is shown that the proceeding is one without jurisdiction. 7. In the above circumstances, all the above three writ petitions stand disposed of directing the Wakf Tribunal to dispose of the pending proceedings within 6 months. By virtue of disposal of the above writ petitions, the interim order granted on 16.04.2015 in W.P.No.103386/2015 stands dissolved. So also the interim order granted in WP No.109746/2017 dated 12.10.2017 stands dissolved. - 11 - HC-KAR NC: 2025:KHC-D:14811 WP No. 109746 of 2017 C/W WP No. 103386 of 2015 WP No. 109748 of 2017 8. All contentions of the parties are left open, to be considered by the Tribunal on its merits. Sd/- (S G PANDIT) JUDGE HMB C-CMU LIST NO.: 1 SL NO.: 21