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2025 DAILYLAW 88039 (KAR)

MR CHUNA RAFI AHMED v. THE KARNATAKA STATE BOARD

WP/29264/2023 · 2025-12-08

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51718 WP No. 29264 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 29264 OF 2023 (GM-WAKF) BETWEEN: MR CHUNA RAFI AHMED PRESIDENT OF JAMATH E LABABEEN HEREDITARY MUTAWALLI OF MASJID(SUNNI) URF MASJID E LABABEEN S/O MR CHUNA ABDUL RAHMAN AGED ABOUT 58 YEARS R/A CHUNA TANNERY NO.2 CORPORATION NO.40, K G HALLI BANGALORE NORTH KARNATAKA, PINCODE-560045 …PETITIONER (BY SRI. GANGADHARAIAH A N., ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAKFS/AUQAF DARUL AWKAF, NO.6 CUNNINGHAM ROAD BANGALORE-560052 REPRESENTED BY ITS CHAIRMAN 2. THE KARNATAKA STATE BOARD OF WAKFS/AUQAF DARUL AWKAF, NO.6 CUNNINGHAM ROAD BANGALORE-560052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51718 WP No. 29264 of 2023 3. THE DISTRICT WAKF OFFICER OFFICE OF THE DISTRICT WAKF OFFICE BENGALURU URBAN(NORTH) DISTRICT NO.16, 2ND FLOOR HHS AND HMS COMPLES CUBBONPET, BENGALURU- 560 002 4. THE PRESIDENT N SALEEM AHMED S/O LATE ABDUL RASHEED N C/O MASJID (SUNNI) (MASJID-E-LABABEEN) NO.25, ARABIC COLLEGE MAIN ROAD, KADUGODANAHALLI BANGALORE NORTH BANGALORE DISTRICT PINCODE- 560 045 …RESPONDENTS (BY SRI. S.R.ANURADHA, SR. COUNSEL FOR SMT. SABAHATH SULTANA, ADVOCATE FOR R1 AND 2; SRI. MAHMOOD PATEL, ADVOCATE FOR R4; R3 - SD AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER NO. KSBA/CMC/08/BNU(N)/23-24, DATED 01/12/2023 PASSED BY THE R2 (CHIEF EXECUTIVE OF THE BOARD) AT ANNEXURE-L., AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:51718 WP No. 29264 of 2023 ORAL ORDER In this writ petition the petitioner is assailing the order dated 01.12.2023 (Annexure-L) passed by the competent authority-respondent No.2. 2. Heard Sri Gangadharaiah A.N., learned counsel appearing for the petitioner, Sri S.R.Anuradha, learned Senior Counsel appearing on behalf of Smt. Sabahath Sultana for respondents No.1 and 2 and Sri Mahmood Patel, learned counsel appearing for respondent No.4. 3. Learned counsel appearing for the respondents invited the attention of the court to Section 83(2) of the Waqf Act, 1955 and submitted that it is open for the petitioner to exhaust the remedy available under the law. 4. In that view of the matter, taking into consideration the fact that the impugned order is an appealable order, I am of the view that, no interference is called for in this writ petition. It is open for the petitioner to approach the competent Tribunal for redressal of the relief sought. - 4 - HC-KAR NC: 2025:KHC:51718 WP No. 29264 of 2023 5. At this stage, learned counsel appearing for the petitioner seeks extension of the interim order and submit that the petitioner will approach the competent Tribunal. 6. To provide a fair opportunity to the petitioner to approach the Tribunal, the interim order dated 28.12.2023 shall be continued for thirty days from today to enable the petitioner to approach the competent Tribunal. With these observations, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE HDK List No.: 1 Sl No.: 19