- 1 - HC-KAR NC: 2026:KHC-D:2396 WP No. 101226 of 2026 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.101226 OF 2026 (GM-WAKF) BETWEEN: 1. AMEER AHMED IMAM HASSAIN KITTUR, AGE. 46 YEARS, OCC. SERVICE, R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. 2. MOHAMMAD HANIF G.KOTUR, AGE. 36 YEARS, OCC. SERVICE, R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. 3. JAFAR S.SHIKARI, AGE. 36 YEARS, OCC. SERVICE, R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. 4. CHAMAN S.GUDIYAL, AGE. 43 YEARS, OCC. SERVICE, R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. 5. MOHAMMAD SALIM A.KITTUR, AGE. 54 YEARS, OCC. SERVICE, R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. 6. MEHBOOB B.SANGRESKOP, AGE. 36 YEARS, OCC. SERVICE, R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. 7. WASEEM G.SANGRESKOP, AGE. 36 YEARS, OCC. SERVICE, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2396 WP No. 101226 of 2026 R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. 8. HASHAM KHAN H.TADKOD, AGE. 40 YEARS, OCC. SERVICE, R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. 9. JAVEED A.KITTUR, AGE. 42 YEARS, OCC. SERVICE, R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. 10. MAGBOOL K.KITTUR, AGE. 36 YEARS, OCC. SERVICE, R/O. MADRAS ONI, MADARMADDI, DHARWAD-01. …PETITIONERS (BY SRI. SANTOSH KUMAR B.MALLIGAWAD, ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF #6, DARUL AUQAF, CUNNINGHAM ROAD, BENGALURU-560052. 2. THE DISTRICT WAQF OFFICER, DHARWAD, MAULANA AZAD BHAVAN, SADHANKERI ROAD, DHARWAD-580008. 3. THE PRESIDENT MAKKA MASJID AND MAKAN, MADARMADDI, DHARWAD-01. …RESPONDENTS (BY SRI. B. MUHAMMED ALI, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2 TO CONSIDER THE REPRESENTATIONS AND CONDUCT ELECTIONS IN TERMS OF ANNEXURE E DATED 05.01.26 IN SO FAR AS PETITIONER CONSIDER IN ANNEXURE-G. 2. GRANT ANY OTHER RELIEF WHICH THIS HON’BLE COURT MAY DEEM FIT IN THE INTERESTS OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:2396 WP No. 101226 of 2026 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “1. Issue a writ in the nature of mandamus directing respondent No.2 to consider the representations and conduct elections in terms of Annexure-E dated 05.01.2026 in so far as petitioner consider in Annexure-G. 2. Grant any other relief which this Hon’ble Court may deem fit in the interests of justice and equity.” 2. It is the case of the petitioners that the petitioners are the members of respondent No.3-Auqf. The erstwhile management to respondent No.3 was approved by letter dated 04.03.2023 by the respondent No.1 for a period of three years i.e., from 04.03.2023 to 04.03.2026. The tenure of the incumbent management would stand determined by efflux of time on 04.03.2023. The petitioners have submitted their representation dated 27.12.2025 to the respondent No.2 to conduct elections and revise the voters list. It is submitted that - 4 - HC-KAR NC: 2026:KHC-D:2396 WP No. 101226 of 2026 the present management committee has inducted various members, who are from another place and who are ineligible to be members of the present Auqf. It is the apprehension of the petitioners that the incumbent committee has illegally inducted various members. The petitioners submitted representation dated 05.01.2026 to the respondent No.1 seeking for election to the respondent No.3. It is the grievance of the petitioners that the respondents are not taking any steps to conduct the election. 3. Learned counsel, Sri. B Mohammed Ali, who accepted notice on behalf of respondent No.1 and 2 submits that he will get instructions. 4. Having heard the counsel for the petitioners perused the materials on record. The present petition is filed seeking mandamus to respondent No.2 to consider the representation. In that case, this Court is of the view that no instructions are required from the respondent No.1 and 2 at this stage as it is always left to the respondents either to consider or to reject the representation of the petitioners and once an order is passed, - 5 - HC-KAR NC: 2026:KHC-D:2396 WP No. 101226 of 2026 the petitioners can avail the appropriate remedy. In that view of the matter, this Court is passing the following: ORDER (i) The writ petition is disposed off directing respondent No.2 to consider the representation dated 05.01.2026 in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of the copy of the order. (ii) All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 24