MUSTAQ AHMED S/O. MOULA BAKSHA TEGUR v. THE KARNATAKA STATE BOARD OF AUQAF,
WP/105331/2025 · 2025-08-01
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84875 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84875 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:9586 WP No. 105331 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105331 OF 2025 (GM-WAKF) BETWEEN:
1.
MUSTAQ AHMED S/O. MOULA BAKSHA TEGUR, AGE. 69 YEARS, OCC. BUSINESS, R/O. NEHRU NAGAR ALNAVAR, TQ. ALNAVAR, DIST. DHARWAD, PINCODE-581103.
2.
BASHEER AHMED S/O. DASTAGIRSAB DASTIKOP, AGE. 69 YEARS, OCC. BUSINESS, R/O. SHIVAJI ROAD, ALNAVAR, TQ. ALNAVAR, DIST. DHARWAD-581103.
3.
MAHMOOD S/O. KHAJASAB BAGBAN, AGE. 65 YEARS, OCC. BUSINESS, R/O. TILAK NAGAR, ALNAVAR, TQ. ALNAVAR, DIST. DHARWAD, PINCODE-581103.
4.
HASANALI S/O. FARIDDIN SHEIKH, AGE. 50 YEARS, OCC. BUSINESS, R/O. HANUMAN ROAD, ALNAVAR TQ. ALNAVAR, DIST. DHARWAD, PINCODE-581103. …PETITIONERS (BY SRI. ANNESAHEB SHALAGAR, ADVOCATE)
AND:
1.
THE KARNATAKA STATE BOARD OF AUQAF, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, DARUL AUQAF, NO.6, CUNNINGHUM ROAD, BENGALURU-560052.
SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Date: 2025.08.01 17:20:00 +0530
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HC-KAR NC: 2025:KHC-D:9586 WP No. 105331 of 2025
2.
THE DISTRICT WAKF OFFICER, ALNAVAR ROAD, SADANAKERI, DIST. DHARWAD, PINCODE-580001.
3.
ANJUMAN E ISLAM, ALNAVAR, REPRESENTED BY ITS EX-PRESIDENT, # FAHIM MUJAHID CONTRACTOR, TQ. ALNAVAR, DIST. DHARWAD-581103. …RESPONDENTS
(BY SRI. MOHAMMAD ALI, ADVOCATE FOR R1 AND R2;
NOTICE TO R3 IS DISPENSED WITH V/O DATED 01.08.2025)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.1 AND 2 TO IMPLEMENT THE ORDER DATED 16/07/2025 VIDE ANNEXURE-A IN BEARING NO.KSBA/CMN/NOTE-49/2025-26 AND APPOINT A CARETAKER FOR ANJUMAN-E-ISLAM, ALNAVAR, DISTRICT, DHARWAD. B. DIRECT THE RESPONDENTS 1 AND 2 TO TAKE ALL NECESSARY STEPS TO HOLD ELECTIONS AS PER THE APPROVED SCHEME OF ADMINISTRATION. C. GRANT ANY OTHER RELIEF OR
ORDER AS DEEMED FIT IN THE INTEREST OF WAQF INSTITUTION ANJUMAN-E-ISLAM, ALNAVAR AND ALSO IN INTERESTS OF JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Sri.Muhammad Ali, learned counsel accepts notice for respondent Nos.1 and 2. Notice to respondent No.3 is dispensed with in view of the proposed order to be passed.
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HC-KAR NC: 2025:KHC-D:9586 WP No. 105331 of 2025
2. Petitioners are before this Court seeking for the following reliefs: a. writ of mandamus or any other appropriate writ,
order or direction directing the respondent no.1 and 2 to implement the order dated 16/07/2025 vide annexure-a in bearing no.ksba/cmn/note-49/2025- 26 and appoint a caretaker for anjuman-e-islam, alnavar, district, dharwad. b. direct the respondents 1 and 2 to take all necessary steps to hold elections as per the approved scheme of administration. c. grant any other relief or order as deemed fit in the interest of waqf institution anjuman-e-islam, alnavar and also in interests of justice and equity.
3. What has been sought for is a direction to respondent Nos.1 and 2 to implement the order dated 16.07.2025 at Annexure-A passed by the Chairman of respondent No.1 addressed to the Chief Executive Officer of respondent No.1.
4. It is for respondent No.1 to consider the said order passed by the Chairman and pass necessary orders thereon in accordance with law.
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HC-KAR NC: 2025:KHC-D:9586 WP No. 105331 of 2025
5. With the above observation, the petition stands
disposed.
SD/- (SURAJ GOVINDARAJ) JUDGE
SH CT: UMD List No.: 1 Sl No.: 109