- 1 - HC-KAR NC: 2026:KHC:8254 WP No. 29398 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 29398 OF 2023 (GM-WAKF) BETWEEN: THE MANAGING COMMITTEE HAZRATH SYED BANDAGI HUSSAINI MAZAR AT ATHAULLA SHAH MAKAN (SUNNI) BEHIND L.I.C OFFICE, B.D ROAD, CHITRADURGA-577 501 REP BY ITS PRESIDENT, SYED AKHIL SHA HUSSAINI. …PETITIONER (BY SRI. NAVEED AHMED.,ADVOCATE) AND: THE KARNATAKA STATE BOARD OF AUQAF NO. 6, CUNNINGHAM ROAD, BANGALORE-560 052 REP BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BOARD TO APPROVE THE DRAFT SCHEME OF MANAGEMENT DATED 22.06.2020 SUBMITTED BY THE PETITIONER ON 30.06.2020 BY ALLOWING THIS WP VIDE ANNEXURE-E OR THE ALTERNATIVE DIRECTING THE RESPONDENT BOARD TO CONSIDER THE REPRESENTATION DATED 22.06.2020 SUBMITTED ON 30.06.2020 BY THE PETITIONER ON 30.06.2020 PRODUCED AT ANNX-E IN ACCORDANCE WITH LAW BY ALLOWING THIS WRIT PETITION. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8254 WP No. 29398 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner-Managing Committee of Hazarath Syed Bandagi Hussaini Mazar of Chittadurga is before this Court seeking following reliefs: ''a). Issue a Writ in the nature of Mandamus directing the Respondent-Board to approve the draft Scheme of Management dated 22.06.2020 submitted by the petitioner on 30.06.2020, by allowing this Writ Petition in the interest of justice and equity vide Annexure-E. OR IN THE ALTERNATIVE b). Issue a Writ in the nature of Mandamus directing the Respondent-Board to consider the representation dated 22.06.2020 submitted on 30.06.2020 by the Petitioner produced at Annexure-'E' in accordance with law, by allowing this Writ Petition in the interest of justice and equity. C). Pass such other orders/directions as this Hon'ble Court deems fit in the facts and circumstances of this case in the interest of justice and equity.'' 2. Learned counsel for the petitioner submits that the petitioner have submitted a draft scheme of management as far back as on 22.06.2020. The said draft scheme of management is in terms of Rule 48 of the Karnataka Waqf Rules, 2017. That the respondent-Board without even passing any order, either accepting or rejecting the matter, has kept the same in abeyance. He submits that the institution concerned does not - 3 - HC-KAR NC: 2026:KHC:8254 WP No. 29398 of 2023 have any scheme for administration even till date. Hence seeks for allowing of the petition. 3. As seen, petitioner has submitted the draft scheme of management which appears to be in terms with Section 32(2)(d) of the Waqf Act, 1995 read with Rule 48 and Form 42 of the Karnataka Waqf Rules, 2017. The said draft scheme appears to have been submitted as far back as on 22.06.2020. Approval of the said scheme is within the domain of the respondent-Board. Since there appears to be no progress in the matter and also in the view of there being no scheme of management of the aforesaid Institution, petition is allowed. 4. Respondent-Board is directed to consider the scheme as submitted by the petitioner and if it satisfies the requirement of law referred to above, proceed to pass appropriate order within an outer limit of 90 days, from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 14