- 1 - HC-KAR NC: 2025:KHC-D:11860 WP No. 107685 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107685 OF 2024 (GM-WAKF) BETWEEN: 1. AHEMED SAB S/O. MOULASAB ANKALAGI AGE: 60 YEARS, OCC: BUSINESS, R/O: NARAYAN SOFA, TQ: HUBBALLI, DIST: DHARWAD-580024. 2. AHMED GANI S/O. ABDUL KHADAR EKLASPUR AGE: 63 YEARS, OCC: BUSINESS, R/O: NARAYAN SOFA, PANJI ONI, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580024. 3. ANISA AHMED S/O. HUSENSAB TAHSILDAR, AGE: 55 YEARS, OCC: BUSINESS, R/O: KASABA PETH, TQ: HUBBALLI, DIST: DHARWAD-580024. 4. GOUSEKHAN S/O. LATE MEHBOOB KHAN, AGE: 69 YEARS, OCC: BUSINESS, R/O: NARAYAN SOFA, 2ND CROSS, HUBBALLI, OLD-HUBBALLI, DIST: DHARWAD-580024. 5. MOHAMMAD IQBAL S/O. MOHIYUDDIN SAB YADGERI, AGE: 57 YEARS, OCC: BUSINESS, R/O: NARAYAN SOFA, 2ND CROSS, HUBBALLI, OLD-HUBBALLI, DIST: DHARWAD-580024. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11860 WP No. 107685 of 2024 6. KHASIMSAB S/O. ABDUL REHMAN CHAKKIHARE, AGE: 47 YEARS, OCC: BUSINESS, R/O: NARAYAN SOFA, 2ND CROSS, HUBBALLI, OLD-HUBBALLI, DIST: DHARWAD-580024. 7. HUSENSAB S/O. KASIMSAB SHAPURI, AGE: 60 YEARS, OCC: BUSINESS, R/O: NARAYAN SOFA, 2ND CROSS, HUBBALLI, OLD-HUBBALLI, DIST: DHARWAD-580024. 8. SHABBIR S/O. HUSEN KARNOOL, AGE: 40 YEARS, OCC: BUSINESS, R/O: NARAYAN SOFA, 2ND CROSS, HUBBALLI, OLD-HUBBALLI, DIST: DHARWAD-580024. …PETITIONERS (BY SRI. SANKET SHAKRAPPA AMBALI, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF AUQAFS ‘DARUL AWQAF’ NO.6 CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CEO. 2. THE DISTRICT WAKF ADVISORY COMMITTEE BY ITS WAKF OFFICER, KELGERI ROAD, DHARWAD-585001. 3. HAZARAT KARIMULLA SHA DARGAH & MOSQUE (SUNNI) NARAYAN SOFA, OLD-HUBBALLI, DIST: DHARWAD – 580024, BY ITS ADMINISTRATOR, MD. RAFIQ Z JAMADAR. …RESPONDENTS (BY SRI. B. MUHAMMED ALI, ADVOCATE FOR R1 RO R3) - 3 - HC-KAR NC: 2025:KHC-D:11860 WP No. 107685 of 2024 THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE DATED 06.12.2024 IN REFERENCE NO.4/2024 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-G IN SO FAR AS RELATES TO ENROLLING THE TENANTS AS MEMBERS OF RESPONDENT NO.3 INSTITUTION AND ALSO IMPUGNED NOTICE DATED 14.12.2024 ISSUED BY RESPONDENT NO.3 IN REFERENCE NO. NIL VIDE ANNEXURE-H. B. A WRIT IN A NATURE OF MANDAMUS DIRECTING RESPONDENT NO.3 TO EXTEND THE TIME FOR ENROLMENT OF MEMBERS TO RESPONDENT NO.3 INSTITUTION. C. A WRIT IN A NATURE OF MANDAMUS DIRECTING RESPONDENT NO.3 TO ISSUE AND ACCEPT THE APPLICATION FOR ENROLLMENT OF MEMBERS FOR RESPONDENT NO.3 INSTITUTION AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari quashing the impugned notice dated 06.12.2024 in reference no.4/2024 issued by Respondent No.3 vide Annexure-G in so far as relates to enrolling the - 4 - HC-KAR NC: 2025:KHC-D:11860 WP No. 107685 of 2024 tenants as members of Respondent no.3 institution and also impugned notice dated 14.12.2024 issued by Respondent No.3 in reference No. nil vide Annexure-H. b. A writ in a nature of Mandamus directing Respondent No.3 to extend the time for enrolment of members to Respondent No.3 Institution. c. A writ in a nature of Mandamus directing Respondent No.3 to issue and accept the application for enrollment of members for Respondent No.3 Institution. d. Pass such other order/further orders as this Hon’ble Court may be deem fit under the facts and circumstances of the case. 2. Learned counsel for respondent Nos.1 to 3 submits that given three months time, elections would be held. 3. Learned counsel for the petitioners submits that the same answers the grievance of the petitioners so long as the election is conducted in the time bound manner. 4. In that view of the matter, directing respondent Nos.1 and 2 to conduct the elections of respondent No.2 on or before 19.12.2025, the petition stands disposed of. - 5 - HC-KAR NC: 2025:KHC-D:11860 WP No. 107685 of 2024 5. It is also made clear that the District Waqf Officer shall be appointed as a Returning Officer considering the nature of the Waqf. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 252