Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 47415 (KAR)

DISTRICT WAKF OFFICER v. STATE OF KARNATAKA

WP/10366/2021 · 2026-02-02

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:5931 WP No. 10366 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10366 OF 2021 (LB-RES) BETWEEN: 1. DISTRICT WAKF OFFICER DISTRICT WAKF ADVISORY COMMITTEE KARNATAKA STATE BOARD OF WAKF CHITRADURGA 2. BARLANE MASJID MADKARI CIRCLE CHITRADURGA DISTRICT-577501 REPRESENTED BY ITS CARETAKER DISTRICT WAKF OFFICER MR AMJAD MOIN RESIDING NEAR GAYATHRI KALYANA MANTAPA J C R EXTENSION MAIN ROAD, CHITRADURGA …PETITIONERS (BY SMT. SWATHI ASHOK., ADVOCATE FOR P2; SMT. BHAVANA N. PATIL., ADVOCATE FOR P1) AND: 1. STATE OF KARNATAKA PUBLIC WORKS DEPARTMENT VIKASA SOUDHA, DR AMBEDKAR VEEDHI BANGALORE-560001 REP. BY ITS PRINICIPAL SECRETARY 2. THE CITY MUNICIPAL COUNCIL CHITRADURGA DISTRICT-577501 REP. BY ITS COMMISSIONER 3. KARNATAKA STATE BOARD OF WAKF NO.6, CUNNINGHAM ROAD BANGALORE-560001 REP. BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SMT. CHANDINI SINGH., AGA FOR R1; Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5931 WP No. 10366 of 2021 SMT. SINCHANA MR., ADVOCATE FOR R2; SRI. ANAND KUMAR., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASH/SET ASIDE THE ORDER NO. N.S.CHI: KUM.SHA:C.R:02.2021-22 DATED 07.06.2021 PASSED BY THE R2 ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, 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; i. Issue a writ of certiorari quashing/setting aside the Order No.N.S.CHI:KUM.SHA:C.R:02.2021-22 dated 07.06.2021 passed by the respondent no.2 (Annexure-A); ii. Issue such other writs/orders that this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity. 2. All the counsels submit that similar lis had been decided by Co-ordinate Bench of this Court in Sultani Jamia Masid vs. The State of Karnataka & Ors., in WP No.7194 of 2021 dated 24.08.2022 and as such, a similar order could be passed in the present matter. 3. In that view of the matter, I pass the following; - 3 - HC-KAR NC: 2026:KHC:5931 WP No. 10366 of 2021 ORDER i. Though the Deputy Commissioner is not a party to this proceeding, the jurisdictional Deputy Commissioner is directed to consider the objections which have been filed by the petitioner before passing any order for removal of the religious structure, if put up on the public property. ii. Till the completion of the enquiry to be conducted by the Deputy Commissioner, respondents are restrained from taking any coercive steps against the petitioner for removal of the religious structure. iii. With the above observation, the petition is disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 35