- 1 - HC-KAR NC: 2025:KHC-D:13884 WP No. 101457 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101457 OF 2025 (GM-WAKF) BETWEEN: MOHAMMED GOUS S/O IMAMSAB LINGANMATH AGE 70 YEARS, OCCUPATION RETIRED BSNL EMPLOYEE PRESIDENT OF MANAGING COMMITTEE FOR THE MANAGEMENT OF NOORANI MASJID INDIRA NAGAR ALNAVAR TOWN TALUKA AND DISTRICT DHARWAD AND OTHERS …PETITIONER (BY SRI. M.M.JAMADAR AND A.D.NADAF, ADVOCATES) AND: 1. THE CHIEF EXECUTIVE OFFICER; KARNATAKA STATE BOARD OF AUQAF, DARUL AWQAF, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU-560052 2. THE WAQF OFFICER; DHARWAD DISTRICT WAQF OFFICE, MUALANA AZAD BHAVAN, SADHANKERI ROAD, DHARWAD -580008 3. FAHEEM MUJAHID CONTRACTOR AGE: MAJOR, OCCUPATION: BUSINESS, PRESIDENT OF MANAGING COMMITTEE FOR MANAGEMENT OF ANJUMAN-E-ISLAM, ALNAVAR DIST: DHARWAD, ALNAVAR 581103 4. NADEEM MUJAHID CONTRACTOR AGE: MAJOR, OCCUPATION: BUSINESS, JOINT SECRETARY OF MANAGING COMMITTEE FOR MANAGEMENT OF ANJUMAN-E-ISLAM, ALNAVAR DIST: DHARWAD, ALNAVAR 581103 5. ZAREEF ATA SAYYAD Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13884 WP No. 101457 of 2025 AGE: MAJOR, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 6. AHTESHAM ATA SAYYAD AGE: MAJOR, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 7. IQBAL MOHAMMAD GOUS TIGDOLLI AGE: MAJOR, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 8. JAVEED ABDULRAHEMAN KITTUR AGE: 40 YEARS, OCCUPATION: BUSINESS R/O: JAIN ROAD, ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR 581103 9. JAILANI ABDUL MUNAF SUDARAJI AGE:50 YEARS, OCCUPATION: BUSINESS R/O; AMRUTNAGAR, ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR 581103 10. TAMEEM NISARAHMED TERGAON AGE: MAJOR, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 11. AFTAB AHMED ABDUL KHADAR MANNURKAR. AGE: 56 YEARS, OCCUPATION: LORRY DRIVER R/O: INDIRANAGAR, ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 58 12. MOHAMMED SHAFI SHAIKHMAKTHUM KHATIB. AGE: 54 YEARS, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 13. ANEES AHMED ABDUL RAZAQ MULLA - AGE: 45 YEARS, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 14. MOHAMMED ASIF MOHAMMED GOUSE AGASIMANI AGE: 45 YEARS, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 15. MANZOOR ILAHI MALIKSAB MULLA AGE: 38YEARS, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 - 3 - HC-KAR NC: 2025:KHC-D:13884 WP No. 101457 of 2025 16. SADIQUE KALIULLA VANNUR AGE: 36 YEARS, OCCUPATION: DRIVER R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 17. JAFAR MOHAMMEDSAB DODWAD AGE: MAJOR, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 18. ASHFAQAHMED SHABODDIN MAKANDAR AGE: MAJOR, OCCUPATION: BUSINESS R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 19. MUBARAK SHAMSHUDDIN BAGWAN AGE: 33 YEARS, OCCUPATION: ONION MERCHANT R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 20. MOHAMMED SHAREEF ABDULTHAHIR KURUBUBGATI AGE: 37 YEARS, OCCUPATION: DRIVER R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR - 581103 21. IMTIYAZ KHAN MOHAMMED ALI KHAN AGE: 38 YEARS, OCCUPATION: FISH MERCHANT R/O ALNAVAR TOWN, DIST: DHARWAD, ALNAVAR – 581103 …RESPONDENTS (BY SRI. B.MOHAMMED ALI, ADV. FOR R1 AND R2, SRI. SADIQ N. GOODWALA, ADV. FOR R4 AND R8, R3, R5 TO R7, R9 TO R21 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE PUBLIC NOTICE ISSUED BY THE RESPONDENT NO.2 WAQF OFFICER, DHARWAD BEARING NUMBER DWO/DHD/CMC/63/DHD/2024-25 DATED 04/07/2024 FOR PROPOSAL OF CONSTITUTION OF MANAGEMENT COMMITTEE ALONG WITH THE PROPOSED NAMES OF 11 MEMBERS AT ANNEXURE-J AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:13884 WP No. 101457 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer. “a. Pending disposal of this petition it is most humbly prayed before this Hon'ble court be please to stay the further proceedings of the Public Notice Number DWO/DHD/CMC/63/DHD/2024-25 dated 04/07/2024 issued by Respondent no.2 at ANNEXURE-J b. Respondent No.3 to 21 may be directed to handover the entire marriage register, receipt books & entire funds / fees received from the marriages registered and the daily chanda donated by the Public to the petitioner. c. Respondent No.3 to 21 may be restrained from conducting marriages and collecting funds illegally from the public and further the said Respondents may be restrained from interfering in the day to day affairs of the said masjid. d. Police protection may be ordered to the petitioner and other members.” 2. The learned counsel Sri. Sadiq N. Goodwala representing the respondent Nos.4 and 8 submits that during the - 5 - HC-KAR NC: 2025:KHC-D:13884 WP No. 101457 of 2025 subsistence of the subject petition, a new committee is already constituted. 3. The learned counsel for the petitioner seeks liberty to challenge the said constitution of the new committee on the score that his tenure would end only in November 2025. 4. Therefore, reserving liberty to the petitioner to call in question the formation of the new committee in terms of the order dated 13.03.2025, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ASC LIST NO.: 1 SL NO.: 72