- 1 - HC-KAR NC: 2026:KHC-D:2443 WP No. 107783 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 107783 OF 2025 (GM-WAKF) BETWEEN: 1. SHRI SAYED MOHAMMADSAB ALIAS PASHA WD. SAYED RAFAIODDIN ALIAS SHAHEBJAN INAMDAR, AGE.69 YEARS, OCC. AGRICULTURE, R/O. KASABA ONI, SAVANUR, HAVERI DISTRICT-581118. 2. SHRI SAYED KUTHABUDDIN ALIAS SHAHEBPASHA WD. SAYED RAFAIODDIN ALIAS SHAHEBJAN INAMDAR, AGE. 56 YEARS, OCC. AGRICULTURE, R/O. SAVANUR, HAVERI DISTRICT-581118. …PETITIONERS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAKF, NO. 6, CUNNINGHAM ROAD, BENGALURU-560052. 2. THE DISTRICT WAKF OFFICER MAULANA AZAD MINORITY CORPORATION YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.19 12:32:56 +0000 - 2 - HC-KAR NC: 2026:KHC-D:2443 WP No. 107783 of 2025 BUILDING, 3RD CROSS, SHIVAJI NAGAR, HAVERI, DIST. HAVERI-581110 …RESPONDENTS (BY SRI. J.S. SHETTY, ADV. FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE NOTIFICATION AT PART IX(B), PAGE D-290 AT SL. NO. 44, DATED 13-02-1986 VIDE ANNEXURE-A IN RESPECT OF THE FOLLOWING LANDS SITUATED AT SAVANUR, HAVERI DISTRICT EXTENT OF LANDS ACRE GUNTAS ANA PK(G) 1). GRAVE YARD. 1/25 01 – 15 – 2 - 07 2) SURVEY NO.130/1 00 – 07 – 0 - 14 3). SURVEY NO. 130/2 00 – 19 – 2 - 05 4). SURVEY NO. 130/1 07 – 08 – 32 - 02 5). SURVEY NO. 131/2 02 – 10 – 10 - 01 PURSUANT TO THE JUDGMENT AND DECREE DATED 20-03- 1998 PASSED IN O.S. NO. 286/1989 BY THE COURT OF CIVIL JUDGE (JR. DN.), SAVANUR, CONFIRMED IN R.A. NO. 27/1998 BY THE CIVIL JUDGE (SR. DN), HAVERI, VIDE ANNEXURES-B AND C. b) PASS SUCH OTHER APPROPRIATE ORDER/S AS THIS HON’BLE COURT DEEMS FIT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:2443 WP No. 107783 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER: WHEREFORE, it is most respectfully prayed that, this Hon’ble Court be pleased to: a) Issue a Writ of Certiorari quashing the Notification at Part IX(B), Page D-290 at Sl. No. 44, dated 13-02- 1986 vide Annexure-A; in respect of the following lands situated at Savanur, Haveri District Extent of Lands Acre Guntas Ana PK(G) 1). Grave Yard. 1/25 01 – 15 – 2 - 07 2) Survey No.130/1 00 – 07 – 0 - 14 3). Survey No. 130/2 00 – 19 – 2 - 05 4). Survey No. 130/1 07 – 08 – 32 - 02 5). Survey No. 131/2 02 – 10 – 10 - 01 Pursuant to the judgment and decree dated 20- 03-1998 passed in O.S. No. 286/1989 by the Court of Civil Judge (Jr. Dn.), Savanur, confirmed in R.A. No. 27/1998 by the Civil Judge (Sr. Dn), Haveri, vide Annexures-B and C. B) Pass such other appropriate order/s as this Hon’ble Court deems fit, in the facts and circumstances of the case, in the interest of justice and equity.” 2. It is the contention of the learned counsel for the petitioners that when the properties of the petitioners are notified as Waqf properties by notification dated 13.02.1986, they had filed O.S.No.286/1989 seeking relief of declaration and injunction directing the respondents to delete the properties from the list of Waqf properties. That came to be decreed on - 4 - HC-KAR NC: 2026:KHC-D:2443 WP No. 107783 of 2025 20.03.1998. Against that, R.A.No.27/1998 was preferred by the defendants and the same came to be dismissed on 01.12.2005. Now, it is the grievance of the petitioner that they have given repeated representations and the respondents are not considering the same. 3. Learned counsel appearing for the respondents submits that the writ petition is not maintainable. 4. Having heard the learned counsels on either side, perused the entire material on record. When the petitioner has filed the suit itself for declaration, injunction directing the respondents to delete the properties from the list of Waqf properties, when a decree is passed and the same had attained finality, the remedy available to the petitioner is not to give a representation to the respondents but to file the execution proceedings. Just because he gave representation to the respondents, this Court cannot issue a mandamus. The petitioner has to avail the appropriate remedy by filing the execution petition. Hence, this Court deems it appropriate to pass the following: - 5 - HC-KAR NC: 2026:KHC-D:2443 WP No. 107783 of 2025 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy in accordance with law. ii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: CNB List No.: 1 Sl No.: 57