- 1 - HC-KAR NC: 2026:KHC:29104 WP No. 24122 of 2022 C/W WP No. 24110 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 24122 OF 2022 (GM-RES) C/W WRIT PETITION NO. 24110 OF 2022 (GM-RES) IN WP No. 24122/2022 BETWEEN: SMT. RAZIA BEGAUM, W/O LATE HABEEB SAB KHAN, AGED ABOUT 57 YEARS, R/O TANJAWAR MOHALLA, KUNIGAL TOWN, TUMKUR DISTRICT. …PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA., ADVOCATE) AND: 1. KARNATAKA STATE WAQF BOARD, NO.6, CUNNINGHAM ROAD, BENGALURU - 560 052. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. THE ASSISTANT COMMISSIONER, TUMKUR, TUMKUR DISTRICT - 572 101. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29104 WP No. 24122 of 2022 C/W WP No. 24110 of 2022 3. CENTRAL MASJID -E-SHOORA, JAMIA MASJID, HAVING ITS OFFICE AT HAZARATH HAKIM ALI SHAH, COMPLEX ROAD, B.M.ROAD, KUNIGAL TOWN, TUMKUR DISTRICT - 572 130. REPRESENTED BY ITS PRESIDENT/SECRETARY. 4. THE DISTRICT WAQF OFFICE, TUMKUR. HAZRATH MADAR SHAH (RA) CAMPUS, ASHOK ROAD, TUMKUR - 572 101. …RESPONDENTS (BY SRI. DUNDGE AZRA JAHANSAHEB., ADVOCATE FOR R1; SRI.MANJUNATH RAYAPPA, AGA FOR R2; R4 SERVED; SRI.SANDEEP HULIGOL, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE R3 AND 4 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER AND OPEN THE SEAL TO SHOP NO.A-1 AND A-2 SITUATED AT SHAIL SHA KHADRI COMPLEX, BM ROAD, KUNIGAL TQ AND ETC., IN WP NO. 24110/2022 BETWEEN: 1. KHIZARULLA KHAN, S/O LATE HABEEBULLA KHAN, AGED ABOUT 32 YEARS, - 3 - HC-KAR NC: 2026:KHC:29104 WP No. 24122 of 2022 C/W WP No. 24110 of 2022 R/O TANJAVOOR MOHALLA, MADDURU ROAD, KUNIGAL TQ, TUMKUR DISTRICT. ...PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA., ADVOCATE) AND: 1. KARNATAKA STATE BOARD AUQAF NO-6, CUNNINGJAM ROAD, BENGALURU 560052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. THE ASSISTANT COMMISSIONER, TUMKUR, TUMKUR DISTRICT - 572 101. 3. CENTRAL MASJID-E-SHOORA, JAMIA MASJID HAVING ITS OFFICE AT HAZARATH HAKIM ALI SHAH, COMPLEX ROAD, B.M.ROAD, KUNIGAL TOWN, TUMKUR DISTRICT - 572 101. REPRESENTED BY ITS PRESIDENT/ SECRETARY. 4. THE DISTRICT WAQF OFFICE, TUMAKURU, HAZRATH MADAR SHAH (RA) CAMPUS - 4 - HC-KAR NC: 2026:KHC:29104 WP No. 24122 of 2022 C/W WP No. 24110 of 2022 ASHOK ROAD, TUMKUR - 572 101. REPRESENTED BY ITS CHAIRMAN. ...RESPONDENTS (BY SRI. DUNDGE AZRA JAHANSAHEB., ADVOCATE FOR R1; SRI.MANJUNATH RAYAPPA, AGA FOR R2; R3 - CENTRAL MASJID-E-SHOOR, KUNIGAL SERVED; R4 - THE DISTRICT WAQF OFFICER, TUMKUR, SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO R3 AND 4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER AND OPEN THE SEAL TO SHOP NO 57 SITUATED AT SHAIL SHA KHADRI COMPLEX, B.M.ROAD, KUNIGAL TQ AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners, who claimed to be in occupation of certain shop premises belonging to the respondent/ Waqf institution, had approached the Waqf Tribunal by filing a suit in O.S.No.12/2018 in W.P.No.24122/2022 and O.S.No.31/2022 in W.P.No.24110/2022 seeking relief of declaration and permanent injunction as well as mandatory injunction. By - 5 - HC-KAR NC: 2026:KHC:29104 WP No. 24122 of 2022 C/W WP No. 24110 of 2022 Judgment and Decree dated 22.04.2022, the Tribunal has passed the following order in O.S.No.12/2018: "The suit filed by the Plaintiff is decreed in part. It is hereby ordered and decreed the plaintiff is entitled for relief of Mandatory Injunction. Consequently, 1st Defendant is directed by way of Mandatory Injunction to allot a suitable shop on priority basis in the new Complex constructed by the Defendant No.1 to the plaintiff. The Plaintiff in portion of the demolished shop shall vacate and deliver the possession to Defendant No.1 and occupy the new shop. Under the circumstances, there is no order as to cost. Draw decree accordingly." 2. Since the said order has not been complied with by the respondent/Waqf Institution, petitioners are before this court seeking direction for implementing said order. 3. Learned counsel appearing for the respondent/Waqf Institution on the other hand submit that if a representation is made by the petitioners to the Wakf Institution as well as the Waqf Board, the same will be considered in the light of the order passed by the Tribunal. 4. Submission placed on record. 5. Accordingly, this court passes the following: - 6 - HC-KAR NC: 2026:KHC:29104 WP No. 24122 of 2022 C/W WP No. 24110 of 2022 ORDER i. The writ petitions stands disposed of; ii. Petitioners are at liberty to approach the Waqf institution as well as the Waqf Board enclosing the copy of the judgment passed by the Tribunal; iii. The concerned institutions shall take into consideration the order passed by the Tribunal and pass appropriate orders in this regard and communicate the same to the petitioners within an outer limit of sixty days from the date of submission of such application. Sd/- (M.G.S. KAMAL) JUDGE HDK List No.: 1 Sl No.: 12