- 1 - HC-KAR NC: 2026:KHC:2265 WP No. 47782 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 47782 OF 2018 (GM-WAKF) BETWEEN: SRI. KOUSAR ALI SHAIK AGED ABOUT 41 YEARS, S/O MAHBOOB SAB, OCCUPATION: BUSINESS AT NO.587, OPPOSITE JUMMA MASJID, ISLAMPET, DAVANAGERE-577 001. …PETITIONER (BY SRI. MAHAMOOD PATEL.,ADVOCATE) AND: 1. THE KARNATAKA STATE WAQF BOARD NO.6, CUNNINGHAM ROAD, BENGALURU-560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. THE PRESIDENT ISLAMPET JUMMA MASJID SUNNI, (WAKF) ISLAMPET, DAVANAGERE-577 001. 3. THE WAQF OFFICER DISTRICT WAQF ADVISORY COMMITTEE, DAVANAGERE-577 001. 4. THE MANAGING COMMITTEE ISLAMPET JUMMA MASJID SUNNI (WAKF) ISLAMPET, DAVANAGERE-577 001 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. D BASAVARAJA.,ADVOCATE FRO R1; R2, R3 - ARE SERVED & UNREPRESENTED V/O DATED 15.04.2021 NOTICE TO R4 IS DISPENSED WITH) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2265 WP No. 47782 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SCHEME AT ANNEXURE-B THE IMPUGNED ORDER DATED 16.01.2014 AT ANNEXURE- C, THE IMPUGNED ORDER DATED 27.12.2016 AT ANNEXURE-D ALL ISSUED BY TEH R-1 - BOARD AND/OR ISSUE DIRECTION/S TO THE RESPONDENTS IN TEH FORM OF A WRIT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition is filed seeking following reliefs: [a]. Issue a Writ of Certiorari quashing the impugned Scheme at Annexure-B, the impugned order No.KBW/CMC/01/DVG/2013-14 dated 16/01/2014 at Annexure- C, the impugned order No.KSBA/CMC/12/DVG/2016-17 dated 27/12/2016 at Annexure-D all issued by the 1st Respondent- Board in the interest of justice and equity and/or issue any other order/s, direction/s to the Respondents in the form of a Writ, under the facts and circumstances of the case and in the interest of justice and equity. [b]. Award cost of the Writ Petition. [c]. Grant any other or further relief/s to the Petitioner, as this Hon'ble High Court may deems fit and thinks proper under the facts and circumstances of the case and in the interest of justice and equity. 2. Learned counsel for the petitioner submits that he is not pressing the relief with regard to Annexure-D. However, he insists relief with regard to Annexures-B and C. 3. The representation given by the petitioner is a request to the respondent-Waqf Board to cancel the scheme of administration in respect of Juma Masjid Sunni, Islampet, - 3 - HC-KAR NC: 2026:KHC:2265 WP No. 47782 of 2018 Davanagere, which is approved by the respondent-Waqf Board by its order dated 16.01.2014. 4. Learned counsel for the petitioner submits that such a relief is permissible in the light of sub-section (4) of Section 69. He submits sub-section (4) of Section 69 provides the Board may at any time, by an order, whether made before or after the scheme has come into force, cancel or modify the scheme. He submits that such a relief is being sought in the light of proviso to Sub-section (1) of Section 32 and Sections 46, 47, 50, 63, 64, 72, 27 and Sub-section (3) of Section 17 of the Waqf Act, 1995. 5. The petitioner essentially seeking to set-aside the order passed by the Wakf Board under Section 69(1) of the Waqf Act, 1995 and amendment Act, 2013, according approval of scheme of administration. Proviso to Sub-section (3) of Section 69 of the Waqf Act, 1995 provides for filing of an appeal by the aggrieved parties before the Tribunal against the order passed under said Section. In addition, petitioner may also seek such other relief as may be permissible under Section 83 of the Waqf Act, 1995. - 4 - HC-KAR NC: 2026:KHC:2265 WP No. 47782 of 2018 6. Reserving liberty to the petitioner to avail such remedy as may be available under law. Petition is disposed of. 7. The time consumed in pursuing this petition may be considered for the purpose of condonation of delay, if such an application is made. 8. All contentions are kept open. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 14