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2025 DAILYLAW 84393 (KAR)

MOHAMMED SHAFI ABDUL RAHEEM MULLA v. KARNATAKA STATE BOARD OF AUQAF

WP/102554/2017 · 2025-10-31

S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14834 WP No. 102554 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.102554 OF 2017 (GM-WAKF) BETWEEN: MOHAMMED SHAFI ABDUL RAHEEM MULLA, AGE: 36 YEARS, OCC: RETIRED HEAD MASTER & ADMIN OF INTIZAMIYA SULANIYA AND MADINA MASJID, SIRSI, R/O. KHAJI GALLI, SIRSI, TQ: SIRSI, DIST: UTTAR KANNADA. …PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. KARNATAKA STATE BOARD OF AUQAF, BENGALURU, CUNNINGHAM ROAD, BENGALURU-52, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, BENGALURU. 2. THE ASSISTANT SECRETARY (ADMIN), KARNATAKA STATE BOARD OF AUQAF "DARUL AWKAF" NO.6, CUNNINGHAM ROAD, BENGALURU-560052. VINAYAKA B V Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14834 WP No. 102554 of 2017 3. THE DEPUTY COMMISSIONER, UTTAR KANNADA, DIST: UTTAR KANNADA. 4. THE AUQAF OFFICER, DISTRICT WAKF OFFICE, UTTAR KANNADA DISTRICT. 5. ABDUAL KHADER MULGUND, AGE: 40 YEARS, OCC: ADMIN OF INTIZAMIYA SULANIYA AND MADINA MASJID, SIRSI R/O: KHAJI GALLI, SIRSI, TQ: SIRSI, DIST: UTTAR KANNADA. …RESPONDENTS (BY SRI. D.L. LADKHAN, ADVOCATE FOR R1-R2) (NOTICE TO R3-R5 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI IS QUASHING THE IMPUGNED ENDORSEMENT/OFFICIAL COMMUNICATION DATED 06.03.2017 IN BEARING NO.KSBW/CMC/16/UKD/2011-12 PASSED BY THE RESPONDENT NO.2 AUTHORITY VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14834 WP No. 102554 of 2017 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This writ petition is filed assailing the communication dated 06.03.2017 (Annexure-E) addressed by the Assistant Secretary (Admin), Karnataka State Board of Auqaf, to the Waqf Officer, District Waqf Office, Uttara Kannada District, whereunder the Assistant Secretary, Karnataka State Board of Auqaf, has requested to furnish three names of working government officials for appointment as Administrator to the Waqf. 2. The petitioner has raised several grounds. However, I am of the considered opinion that the communication between the Assistant Secretary (Admin), Karnataka State Board of Auqaf, and the Waqf Officer, District Waqf Office, Uttara Kannada District, is an internal correspondence which cannot be challenged by the petitioner. Moreover, no cause of action has arisen to the petitioner to question the said internal correspondence. The cause of action to the petitioner would arise only when an Administrator is appointed to the particular Waqf. Further, it is seen that the petitioner, in terms of Annexure-A, is - 4 - HC-KAR NC: 2025:KHC-D:14834 WP No. 102554 of 2017 appointed as an Administrator to the Waqf, and since his tenure/term as an Administrator has expired, the petitioner has no locus to question the internal communication at Annexure-E. In view of the above, the writ petition stands rejected. Sd/- (S G PANDIT) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 16