- 1 - HC-KAR NC: 2025:KHC-K:3446 WP No. 202322 of 2024 C/W WP No. 200789 of 2025 WP No. 200888 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.202322 OF 2024 (GM-WAKF) C/W WRIT PETITION NO.200789 OF 2025(GM-WAKF) WRIT PETITION NO.200888 OF 2025(GM-WAKF) IN W.P.NO.202322/2024: BETWEEN: ABDUL RAZACK A DUDANI S/O ABDUL GANI DUDANI, AGED ABOUT 68 YEARS, OCC: CHAIRMAN, ANJUMAN-E-ISLAM, SINDGI (REGD) SINDGI TALUK, VIJAYAPURA DISTRICT. …PETITIONER (BY SRI. R. J. BHUSARE, AND SRI. K. PRASAD HEGDE, ADVOCATES) AND: 1. KARNATAKA STATE BOARD OF AUQAF, DARUL AUQAF, NO. 6, CUNNINGHAM ROAD, BANGALORE-560052. REP. BY ITS CHIEF EXECUTIVE OFFICER, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3446 WP No. 202322 of 2024 C/W WP No. 200789 of 2025 WP No. 200888 of 2025 2. THE MANAGING COMMITTEE (UNDER CHALLENGE) KHABARASTAN (SUNNI), SINDGI TOWN & TALUK, VIJAYAPURA DISTRICT REP. BY ITS SECRETARY. 3. IMTIYAZ.B.KHATIB (MULLA) AGE: MAJOR, OCC: AGRICULTURE, R/O WARAD LAYOUT, SHAHAPUR BUILDING, SINDAGI-586128. DISTRICT-VIJAYAPURA. 4. SAIPAN MOHAMMAD NATIKAR, AGE: MAJOR, OCC: AGRICULTURE, R/O OLD BAGAWAN GALLI, SINDAGI-586128. DISTRICT-VIJAYAPURA. 5. MOHAMMED KHAJAPATEL BIRADAR, AGE: MAJOR, OCC: AGRICULTURE, R/O NABI MANZIL, R.NO: 2164/89, 1ST CROSS, VIDYA NAGAR, SINDAGI-586128. DISTRICT-VIJAYAPURA. 6. ABDUL RAJAK PATRUSAB MUJAWAR, AGE: MAJOR, OCC: AGRICULTURE, R/O NEAR ANJUMAN WORKSHOP LINE, VIJAYAPUR ROAD, SINDAGI-586128. DISTRICT-VIJAYAPURA. 7. HASIM ABDUL RAJAK ALAND, AGE: MAJOR, OCC: AGRICULTURE, R/O NEAR MOHAMMADIYA MASJID, HEGGERI, SINDAGI-586128. DISTRICT-VIJAYAPURA. 8. GULAB ALISAB MARTUR, AGE: MAJOR, OCC: AGRICULTURE, R/O OLD CHANDKAVATE ROAD, BHARAT NAGAR, SINDAGI-586128. DISTRICT-VIJAYAPURA 9. BABU MAHIBOOBSAB ALLOLLI, AGE: MAJOR, OCC: AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-K:3446 WP No. 202322 of 2024 C/W WP No. 200789 of 2025 WP No. 200888 of 2025 …RESPONDENTS (BY SRI. P. S. MALIPATIL, ADVOCATE FOR R1(VC); SRI. RAVI B. PATIL, ADVOCATE FOR R2 TO R13) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER NO. KSBA/CMC/122/VJR/2022-23 DATED 04.11.2022 PASSED BY THE 1ST RESPONDENT-BOARD CONSTITUTING THE 2ND RESPONDENT-MANAGING COMMITTEE FOR THE MANAGEMENT OF KHABRASTAN(SUNNI) SITUATED AT SINDAGI TOWN AND TALUK, VIJAYAPUR DISTRICT PRODUCED AT ANNEXURE-A IN SO FAR AS CONCERNED PETITIONER. R/O WARAD LAY OUT, SINDAGI-586128. DISTRICT-VIJAYAPURA. 10. ZUBER ABDULJABBAR MUTTAGI (MULLA), AGE: MAJOR, OCC: AGRICULTURE, R/O BEHIND HIREGOUDA HOSPITAL, KALYANA NAGAR, SINDAGI-586128. DISTRICT-VIJAYAPURA. 11. SHABBIR ABBAS PATEL, AGE: MAJOR, OCC: AGRICULTURE, R/O ANJUMAN GARRAGE LINE, VIJAYAPUR ROAD, SINDAGI-586128. DISTRICT-VIJAYAPURA. 12. ABDULGANI MOULASAB DUDANI, AGE: MAJOR, OCC: AGRICULTURE, R/O KALABURAGI ROAD, DUDANI SAW MILL, SINDAGI-586128. DISTRICT. VIJAYAPURA. 13. ABDUL WAHID RASOOLSAB BAGAWAN, AGE: MAJOR, OCC: AGRICULTURE, R/O MAGARABI GALLI, BEHIND MAGARABI MASJID, SINDAGI-586128. DIST. VIJAYAPURA. - 4 - HC-KAR NC: 2025:KHC-K:3446 WP No. 202322 of 2024 C/W WP No. 200789 of 2025 WP No. 200888 of 2025 IN W.P.NO.200789 OF 2025: BETWEEN: THE ANJUMAN-E-ISLAM, SINDGI (REGD.) SINDGI TALUK, VIJAYAPURA DISTRICT. REP. BY ITS GENERAL SECRETARY MR. SHAMSURAPATEL PATIL. AGE: 71 YEARS, R/O NO. 505, S.R. COLONY, VIJAYAPUR-586109. …PETITIONER (BY SRI. R. J. BHUSARE, AND SRI. K. PRASAD HEDGE, ADVOCATES) AND: 1. KARNATAKA STATE BOARD OF AUQAF, DARUL AUQAF, NO.6, CUNNINGHAM ROAD, BANGALORE- 560052. REP. BY ITS CHIEF EXECUTIVE OFFICER. 2. MUSLIM KHABRASTAN COMMITTEE SINDGI TOWN & TALUK, VIJAYAPURA DISTRICT, REP. BY ITS PRESIDENT. 3. IMTIYAZ.B.KHATIB (MULLA) AGE: MAJOR, OCC: AGRICULTURE, R/O WARAD LAYOUT, SHAHAPUR BUILDING, SINDAGI-586128, DISTRICT.VIJAYAPURA. 4. SAIPAN MOHAMMAD NATIKAR, AGE: MAJOR, OCC: AGRICULTURE, R/O OLD BAGAWAN GALLI, SINDAGI-586128. DISTRICT-VIJAYAPURA. 5. MOHAMMED KHAJAPATEL BIRADAR, AGE: MAJOR, OCC: AGRICULTURE, R/O NABI MANZIL, R.NO. 2164/89, - 5 - HC-KAR NC: 2025:KHC-K:3446 WP No. 202322 of 2024 C/W WP No. 200789 of 2025 WP No. 200888 of 2025 1ST CROSS, VIDYA NAGAR, SINDAGI-586128. DISTRICT-VIJAYAPURA. 6. ABDUL RAJAK PATRUSAB MUJAWAR AGE: MAJOR, OCC: AGRICULTURE, R/O NEAR ANJUMAN WORKSHOP LINE, VIJAYAPUR ROAD, SINDAGI-586128. DISTRICT-VIJAYAPURA. 7. HASIM ABDUL RAJAK ALAND, AGE: MAJOR, OCC: AGRICULTURE, R/O NEAR MOHAMMADIYA MASJID, HEGGERI, SINDAGI-586128. DISTRICT-VIJAYAPURA. 8. GULAB ALISAB MARTUR, AGE: MAJOR, OCC: AGRICULTURE, R/O OLD CHANDKAVATE ROAD, BHARAT NAGAR, SINDAGI-586128. DISTRICT-VIJAYAPURA. 9. BABU MAHIBOOBSAB ALLOLLI, AGE: MAJOR, OCC: AGRICULTURE, R/O WARAD LAYOUT, SINDAGI-586128. DISTRICT-VIJAYAPURA. 10. ZUBER ABDULJABBAR MUTTAGI (MULLA), AGE: MAJOR, OCC: AGRICULTURE, R/O BEHIND HIREGOUDA HOSPITAL, KALYANA NAGAR, SINDAGI-586128. DISTRICT-VIJAYAPURA. 11. SHABBIR ABBAS PATEL, AGE: MAJOR, OCC: AGRICULTURE, R/O ANJUMAN GARRAGE LINE, VIJAYAPUR ROAD, SINDAGI-586128. DISTRICT-VIJAYAPURA 12. ABDULGANI MOULASAB DUDANI, AGE: MAJOR, OCC: AGRICULTURE, R/O KALABURGI ROAD, DUDANI SAW MILL, - 6 - HC-KAR NC: 2025:KHC-K:3446 WP No. 202322 of 2024 C/W WP No. 200789 of 2025 WP No. 200888 of 2025 SINDAGI-586128. DISTRICT-VIJAYAPURA. 13. ABDUL WAHID RASOOLSAB BAGAWAN, AGE: MAJOR, OCC: AGRICULTURE, R/O MAGARABI GALLI, BEHIND MAGARABI MASJID, SINDAGI-586128. DISTRICT-VIJAYAPURA. …RESPONDENTS (BY SRI. P. S. MALIPATIL, ADVOCATE FOR R1(VC); SRI. RAVI B. PATIL, ADVOCATE FOR R2 TO R13) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER NO. KSBA/SOA/105/VJR/2020-21 DATED 28.01.2021 PASSED BY THE 1ST RESPONDENT BOARD APPROVING THE SCHEME OF ADMINISTRATION BY ASSIGNING THE NAME OF MUSLIM KHABRASTAN COMMITTEE, PRODUCED AT ANNEXURE- A. IN W.P.NO.200888 OF 2025: BETWEEN: THE ANJUMAN-E-ISLAM, SINDGI (REGD.) SINDGI TALUK, VIJAYAPURA DISTRICT REP. BY ITS GENERAL SECRETARY MR. SHAMSURAPATEL PATIL. AGE: 71 YEARS, R/O NO.505, S.R COLONY, VIJAYAPUR-586109. …PETITIONER - 7 - HC-KAR NC: 2025:KHC-K:3446 WP No. 202322 of 2024 C/W WP No. 200789 of 2025 WP No. 200888 of 2025 (BY SRI. R. J. BHUSARE, AND SRI. K. PRASAD HEDGE, ADVOCATES) AND: 1. KARNATAKA STATE BOARD OF AUQAF, DARUL AUQAF, NO.6, CUNNINGHAM ROAD, BANGALORE- 560052 . REP. BY ITS CHIEF EXECUTIVE OFFICER, 2. SRI. ILLAHI MULLA STENOGRAPHER, DEPARTMENT OF COMMERCIAL TAXES AND CARETAKER, ANJUMAN-E-ISLAM COMMITTEE, SINDAGI TOWN, VIJAYAPURA DISTRICT- …RESPONDENTS (BY SRI. P. S. MALIPATIL, ADVOCATE FOR R1(VC)) THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, BY THE ADVOCATE FOR PETITIONER PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER NO. KSBA/CMC/34/VJR/2011-12 DATED 05.02.2025 PASSED BY THE 1ST RESPONDENT BOARD APPOINTING THE 2ND RESPONDENT AS CARETAKER TO PETITIONER SOCIETY, PRODUCED AT ANNEXURE-A. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC-K:3446 WP No. 202322 of 2024 C/W WP No. 200789 of 2025 WP No. 200888 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The dispute pertains to whether the properties are in the custody of the petitioner-Mutawallidars or the committees formed by the respondent-Waqf Board. It involves disputed question of facts. 2. The parties in unison submit that they would approach the Waqf Tribunal to resolve their disputes. 3. Under the circumstances, the writ petitions are disposed of reserving the liberty to the parties to approach the Waqf Tribunal and resolve their disputes. 4. However, taking into consideration that the third party rights should not be created and no person should be put to disadvantage till the Waqf Tribunal takes a decision on the merits of the case, the parties are - 9 - HC-KAR NC: 2025:KHC-K:3446 WP No. 202322 of 2024 C/W WP No. 200789 of 2025 WP No. 200888 of 2025 directed to maintain status quo in respect of the properties concerned for a period of three months from today. It is hereby made clear that, no opinion has been expressed on the merits of the case and irrespective of the observation made hereinabove, the Waqf Tribunal shall decide the dispute on the pleadings and the materials placed before it. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 16 CT:SI