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2026 DAILYLAW 20674 (KAR)

MR SYED IMRAN v. THE KARNATAKA STATE BOARD OF AUQAF

WP/11510/2026 · 2026-06-09

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27670 WP No. 11510 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11510 OF 2026 (GM-WAKF) BETWEEN: MR SYED IMRAN SON OF SYED RASOOL AGED ABOUT 49 YEARS RESIDING AT N.T. ROAD, OLD MANDLI, SHIMOGA, PIN CODE: 577 202 … PETITIONER (BY SRI. ZUBAIR AHMED KHAN A S., ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF AUQAF DARUL AWKAF, NO. 6, CUNNINGHAM ROAD, BENGALURU - 560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 2. THE DISTRICT WAQF OFFICER DISTRICT WAQF OFFICE, SHIMOGA MUSLIM HOSTEL BUIDLING, SIR MV ROAD, SHIMOGA-577 201 … RESPONDENTS (BY SRI. P. USMAN, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM BEARING DATED 13.03.2026 NO KSBA/CMC/01/SMG/2022-23 PASSED BY THE RESPONDENT NO. 1 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27670 WP No. 11510 of 2026 APPOINTING THE RESPONDENT NO 2 AS CARETAKER TO THE WAQF INSTITUTION VIZ., MANDLI MOSQUE SUNNI (MASJID-E-AALA) AND ITS ALLIED PROPERTIES, SHIVAMOGGA TOWN AND DISTRICT PRODUCED AT ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue writ of certiorari in favour of the Petitioner and quash the impugned official memorandum bearing dated 13.03.2026 No. KSBA/CMC/01/SMG/2022-23 passed by the Respondent No. 1 appointing the Respondent No.2 as Caretaker to the Waqf Institution viz., Mandli Mosque Sunni (Masjid-e-Aala) and its allied properties, Shivamogga Town and District produced at Annexure-A. b. Issue a Writ of Mandamus directing the Respondent No.1 to consider the proposal dated 17.02.2026 produced at Annexure-D as per Annexure-C. c. to pass such other orders as this Hon'ble Court deems in the facts and circumstances of the case, in the ends of justice. 2. Learned counsel for the petitioner submits that he does not wish to press prayer-A and he only wishes to press prayer-B. - 3 - HC-KAR NC: 2026:KHC:27670 WP No. 11510 of 2026 3. Insofar as prayer-B is concerned, the grievance of the petitioner is that the proposal which had been submitted by the petitioners on 17.02.2026 along with the representation at Annexure-D has not been considered by the respondents and necessary orders passed thereon, despite long lapse of time. 4. Whenever any representation has been submitted by a citizen to any authority, it is required that the said Representation be acted upon and necessary orders be passed within a reasonable period of time, either accepting or rejecting the Representation submitted, in accordance with law. 5. Needless to say, if an order of rejection is passed, the same would have to be accompanied by reasons. Neither having been done, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus issued, directing Respondent No.1 to consider the proposal dated 17.02.2026 at - 4 - HC-KAR NC: 2026:KHC:27670 WP No. 11510 of 2026 Annexure-D as per Annexure-C within a period of four weeks from date of receipt of copy of this order. iii. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 34