- 1 - HC-KAR NC: 2026:KHC:22006 WP No. 24612 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24612 OF 2023 (GM-WAKF) BETWEEN: M/S SHAHEEN EDUCATIONAL TRUST SITUATED AT ARMSTRONG ROAD, NEAR BAEDWADI MOSQUE, SHIVAJINAGAR, BANGLORE -560 001 REPRESENTED BY ITS CHAIRMAN. …PETITIONER (BY SRI. SADDAM R. MULLA, ADVOCATE FOR SRI.MOHAMMED TAHIR, ADVOCATE) AND: 1. TAHA EDUCATIONAL TRUST A REGISTRED WAKF, NO. 25/2, ARMSTRONG ROAD, BEHIND BHARATHINAGAR POLICE STATION, SHIVAJINAGAR BANGALORE-560 001 REPRESENTED BY ITS AUTHORIZED PRESIDENT AND TRUSTEE, MR. MOHAMMED ALI KHALID 2. THE KARNATAKA STATE BOARD OF WAQF NO. 6, DARUL AUQAFSCUNNINGHAM ROAD, BANGALORE-560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 3. THE WAQF OFFICER Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22006 WP No. 24612 of 2023 DISTRICT WAQF ADVISORY COMMITTEE, HAMID SHAH COMPLEX, CUBBON PET, BANGALORE-560 002 4. NAVBAHARR SHAH MAKARN A REGISTERED WAKF, MAKAN ROAD, CIVIL STATION, BANGALORE -560 001 REPRESENTED BY ITS PRESIDENT/SECRETARY …RESPONDENTS (BY SRI.S.R.ANURADHA, SENIOR COUNSEL FOR SRI.SYED NABEEL AHMED, ADVOCATE AND SRI.P.USMAN, ADVOCATE FOR R2 AND R3 SRI.ABHILASJ RAJU, ADVOCATE FOR R1 SRI.MOINUDDIN N., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS IN ENQ-54/206/BNU/2023 DATED: 13/07/2023 U/S 54 OF WAKF ACT PENDING ON THE FILE OF IN THE COURT OF THE ENQUIRY OFFICER, KARNATAKA STATE BOARD OF AUQAF, BENGALURU I.E., R2, SAME AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer. “Wherefore, it is humbly prayed that this Hon’ble Court may be pleased to quash the proceedings in Enq-54/206/BNU/2023 dated 13/07/2023 under Section 54 of Wakf Act - 3 - HC-KAR NC: 2026:KHC:22006 WP No. 24612 of 2023 pending on the file of in the Court of the Enquiry Officer, Karnataka State Board Of Auqaf, Bengaluru i.e., respondent No.2, same at annexure-A, in the interest of justice and equity.” 2. The respondent No.4 is the Waqf Institution and is the custodian of the Waqf property. The respondent No.4 has executed long term lease in favour of respondent No.1 for the purpose of education and the respondent No.1 has taken loan from the Waqf milli council to construct building over the schedule property and constructed building upto three floors, which was not been used for educational purpose, but was used as a marriage hall. The adjacent property was sub leased to the petitioner by respondent No.4, but pressurised the petitioner to invest to complete construction of five floor building. By that time, only the ground floor was partly done by respondent No.1. Both of them have entered into MoU on 17.03.2014. Subsequently, this came to the knowledge of the Waqf board, respondent No.1 made one antedated MoU in the month of September 2014 citing date as 10.03.2014 and also deleted the annual rent clause and deposit clause to deceive the Waqf board and respondent No.4. By the time petitioner has not only paid the deposit amount, but also made substantial investment in the construction of building. Hence, - 4 - HC-KAR NC: 2026:KHC:22006 WP No. 24612 of 2023 petitioner has no option but to concede to the unethical demands of respondent No.1. Even till the signing of both MoUs respondent has not informed the status of the property. It is stated that after inquiry board has cancelled the lease deed dated 06.04.1989 and the same was challenged before the Waqf Tribunal by filing an application No.3/2017 which was dismissed on 04.03.2021 and the same was not challenged by respondent No.1. When that being the case, the respondent No.1 made an complaint before the authority, being fully aware that respondent No.1 lease got cancelled by the board due to default and procedure of granted lease for any period to the petitioner. When the proceedings are initiated by respondent No.4/Waqf, the petitioner has come before this Court by filing the instant petition. 3. It is the contention of learned counsel for the petitioner that respondent No.4 has no right to give a complaint against the petitioner and as such the respondents have no jurisdiction to issue show-cause notice to the petitioner, which made the petitioner to come before this court. - 5 - HC-KAR NC: 2026:KHC:22006 WP No. 24612 of 2023 4. Learned counsel appearing for respondent No.4 submits that he has inducted the petitioner as a sub-lessee and now the lease of respondent No.4 has itself come to an end. It is submitted that a Co-ordinate Bench of this Court in WP No.52749/2019(GM-WAKF) dated 19.11.2025 has dismissed the writ petition and held that the lease of respondent No.2 is terminated and it is open for the Wakf to lease the premises in question, in terms of Section 56 of the Wakf Act, 1995 read with Rules 4 and 5 of the Wakf Properties Lease Rules, 2014. It is submitted that the petitioner has no locus to come before this Court. 5. Learned Senior counsel appearing for the Wakf submits that as per the provisions of the Wakf Act and the Lease Rules they lease out the properties belonging to Wakf. As the petitioner is in unauthorized occupation, they have issued a notice and the petitioner cannot find fault with the same. 6. Having heard the learned counsels on either side and the learned Senior Counsel, perused the material on record. The petitioner has come before the Court questioning the notice issued by the Wakf. The admitted facts are that the - 6 - HC-KAR NC: 2026:KHC:22006 WP No. 24612 of 2023 petitioner is put in possession of the property by the first respondent, whose lease is terminated and petitioner has no relationship with respondent No.1/Wakf institution. When a person is in unauthorised occupation of the property, when the respondents have issued notice, whether it is at the behest of respondent No.1 or by the respondent on its own, the petitioner has to submit his reply and pursue the matter. He cannot come before this court questioning those proceedings. On the face of it, the petitioner who has no relationship with the Wakf Institution and is in possession of the Wakf property, have no legal right to come before the Court questioning the notice issued by respondent No.4. In that view of matter this Court do not find any merits in the writ petition. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 45