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2026 DAILYLAW 31550 (KAR)

SRI AL HAJJ AFROZ PASHA v. THE DISTRICT WAKF OFFICER

WP/21976/2026 · 2026-07-28

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010490932026 NC: 2026:KHC:39679 WP No. 21976 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21976 OF 2026 (GM-WAKF) BETWEEN: 1. SRI AL HAJJ AFROZ PASHA S/O. LATE. MOHYUDDIN SHARIFF, AGED ABOUT 56 YEARS, REPRESENTED AS THE PRESIDENT OF THE JAMIA MASJID, SUNNI, HULIYARU ROAD, ARASIKERE TOWN, HASSAN DISTRICT-573103 R/AT HKGN NAGAR, ARASIKERE TOWN, HASSAN DISTRICT-573103 …PETITIONER (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. THE DISTRICT WAKF OFFICER DISTRICT WAQF OFFICE, MOULANA AZAD BHAVAN, 1ST FLOOR, SALGAME MAIN ROAD, NEAR MALNAD ENGINEER COLLEGE, BEHIND AAKASHVANI QUARTERS, SIR. VIDYAGANAPATI CROSS ROAD, HASSAN -573202 2. THE CIRCLE INSPECTOR, ARASIKERE RURAL POLICE STATION, ARASIKERE, HASSAN DISTRICT-573103 3. DEPUTY SUPERINTENDENT OF POLICE, ARASIKERE TALUK SUB DIVISION, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010490932026 NC: 2026:KHC:39679 WP No. 21976 of 2026 ARASIKERE, HASSAN DISTRICT-573103 4. THE SUB INSPECTOR, BANAVARA POLICE STATION, BANAVARA, ARASIKERE TALUK, HASSAN DISTRICT-573112 …RESPONDENTS (BY SRI. P USMAN., ADVOCATE FOR R1; SRI. MOHAMMED JAFAR SHAH, AGA FOR R2 TO R4; V/O DTD 17.07.2026) THIS WP IS FILED PRAYING TO SET ASIDE THE IMPUGNED ORDER BEARING NO DWAC/10/CMC/HSN/2005- 06/206 PASSED BY THE 1 RESPONDENT / DISTRICT WAKF OFFICE, HASSAN, DATED 13.07.2026, VIDE ANNEXURE C, AND CONSEQUENTLY DIRECT THE 1ST RESPONDENT TO PERMIT THE PETITIONER S COMMITTEE TO CONDUCT THE FESTIVAL OF THE GANDHAPRAGRAM OF HAJRATH SYED QALANDAR SHAHHUSSAINIDARGA,B.H.ROAD,BE HELD 18.07.2026 AND BANAVARAGAVIDARGHATO ON 19.07.2026, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR CNR: KAHC010490932026 NC: 2026:KHC:39679 WP No. 21976 of 2026 i) “Issue any appropriate order or Writ of Certiorari to set aside the impugned order bearing No:DWAC/10/CMC/HSN/2005-06/206 passed by the 1st respondent/District Wakf Office, Hassan, dated 13.07.2026, vide Annexure –C and consequently direct the 1st respondent to permit the petitioner’s committee to conduct the festival of the Gandhapragram of Hajrath Syed Qalandar Shah HussainiDarga, B.H. Road, BanavaraGaviDarghato be held on 18.07.2026 and 19.07.2026, in the interest of justice and equity. ii) Issue any appropriate order or direction or a Writ of Mandamus to direct the Respondent No.2 to 4 to consider the representations of the petitioners’ committee, on dated 10.07.2026 vide Annexure –E, F & G, by permitting the petitioners to conduct the festival of the GandhaPragram of Hajrath Syed Qalandar Shah HussainiDarga, B.H. Road, BanavaraGaviDarghato be held on 18.07.2026 and 19.07.2026, in the interest of justice and equity. AND iii) Grant such other relief or relief’s as this Hon’ble court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity.” 2. The Writ Petition has initially been filed for the purpose of consideration of the representation of the petitioner and permitting the petitioner to conduct the festival of GandhaPragram of Hajrath - 4 - HC-KAR CNR: KAHC010490932026 NC: 2026:KHC:39679 WP No. 21976 of 2026 Syed Qalandar Shah HussainiDarga, B.H. Road, BanavaraGaviDargha. 3. On notice having been issued, Shri. P. Usman learned counsel appearing for the respondent No.1 submitted that since a law and order issue arose the festival is now proposed to be conducted by Wakf Officer. Hence, he was called upon to obtain instructions and make a submission as to when the festival would be celebrated, today he submits that the festival would be celebrated on 01.08.2026 by the District Wakf Officer. Everyone including the petitioner could participate in the said celebrations which will be conducted solely by the District Wakf Officer, who has already issued a public notice about the same. 4. The said submission of Sri. P. Usman, learned counsel appearing for respondent No. 1, answers the grievance of the petitioner. - 5 - HC-KAR CNR: KAHC010490932026 NC: 2026:KHC:39679 WP No. 21976 of 2026 5. Placing his submission on record, permitting the petitioner only to participate in the said celebrations, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE BVK List No.: 2 Sl No.: 1