FAROOK U.H., v. THE KARNATAKA STATE BOARD OF AUQAF,
WP/1897/2026 · 2026-03-10
Sachin Shankar Magadum
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14696 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14696 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14585 WP No. 1897 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1897 OF 2026 (GM-WAKF)
BETWEEN:
1. FAROOK U.H.
S/O U.H.IDDINABBA AGED ABOUT 59 YEARS NO.2-131/9, SEVANTHI GUDDE ROAD KALLAPU, PERMANNURU D.K. - 575017. …PETITIONER
(BY SRI. RAKSHITH KUMAR, ADVOCATE)
AND:
1. THE KARNATAKA STATE BOARD OF AUQAF AT NO.6, DARUL AUQAF CUNNINGHAM ROAD BANGALORE - 560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
2. THE DISTRICT WAKF OFFICER DAKSHINA KANNADA THE KARNATAKA STATE BOARD OF AUQAF AT DISTRICT WAQF OFFICE MINORITY WELFARE BHAVAN 2ND FLOOR, OLD KENT ROAD PANDESHWAR, MANGALURU, D.K. - 575001. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14585 WP No. 1897 of 2026
3. ULLAL JUMA MASJID & SAYYID MUHAMMAD SHAREEFUL MADANI DARGA POST BOX NO.1201, ULLAL MANGALORE-575 020 BY ITS GENERAL SECRETARY
…RESPONDENTS
(BY SRI. MOHAMMAD NIYAZ .S, ADVOCATE FOR R1 AND R2;
SRI. VIKRAM HUILGOL, SENIOR ADVOCATE FOR SRI. A.S. ZUBAIR AHMED KHAN, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 19.01.2026 BEARING NO. KSBA/CMC/18/DKD/25-26 ISSUED BY R-1, PRODUCED AS ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR.
JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER Captioned petition is filed seeking following reliefs:
"A. Writ of Certiorari, quashing the Official memorandum dated 19.01.2026 bearing No. KSBA/CMC/18/DKD/25-26 issued by Respondent No.1 is produced as ANNEXURE - C;
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HC-KAR NC: 2026:KHC:14585 WP No. 1897 of 2026
b. A writ in the nature of Mandamus or any other appropriate writ, order, or direction, directing Respondent No.1 and Respondent No.2 to forthwith consider and pass a reasoned order on the representations dated 18/2/2025 and 10/2/2025, produced hereto as Annexure-A and A-1 respectively, in strict compliance with the order of this Hon'ble Court in Writ Petition No. 15530 of 2025 dated 03.12.2025 vide Annexure-B;
c. Consequently, direct Respondent No.1 and Respondent No.2 to hold a special meeting to move a No- Confidence Motion against the office bearers of the Waqf Institution, viz., Ullal Juma Masjid and Sayyid Madani Dargah Ullal, and to facilitate the selection of new office bearers in accordance with law, as specifically requested in the aforesaid representations dated 18/2/2025 and 10/2/2025;
d. Grant such other and further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity."
2. Learned Senior Counsel appearing for respondent No.3 and the learned Standing Counsel appearing for respondents 1 and 2 submit that, at the instance of the petitioner, an Enquiry Officer was appointed and the petitioner has actively participated in
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HC-KAR NC: 2026:KHC:14585 WP No. 1897 of 2026
the enquiry proceedings. It is further brought to the notice of this Court that the Enquiry Officer, upon completion of the enquiry, has submitted the report to the Board. 3.
The learned Senior Counsel for respondent No.3 and the learned Standing Counsel for respondents 1 and 2, while advancing their submissions in the same vein, would contend that since the enquiry has already been concluded and the report has been submitted in favour of respondent No.3, the petitioner, if aggrieved, is required to challenge the enquiry report in accordance with law. In that view of the matter, they submit that the relief sought in the present petition has become infructuous. 4. Having regard to the fact that the enquiry has already been concluded and the petitioner has participated in the enquiry proceedings, this Court is of the considered view that the petitioner must be relegated to avail such remedy as may be available in law to challenge the enquiry report. - 5 -
HC-KAR NC: 2026:KHC:14585 WP No. 1897 of 2026
5. Reserving liberty to the petitioner to question the enquiry report in the manner known to law, the petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 2 Sl No.: 16