- 1 - HC-KAR NC: 2026:KHC:2975 WP NO.26488 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.26488 OF 2024 (GM-WAKF) BETWEEN: 1. MR. TABREZ PASHA S/O MOHAMMED KHASIM, AGED ABOUT 50 YEARS, R/AT DUTTA NURSING HOME, TILAK NAGAR, MAIN ROAD, SHIVAMOGGA - 577 201. 2. MRS. MUMTAZ S/O H.S. BASHA, AGED ABOUT 58 YEARS, DUTTA NURSING HOME, TILAK NAGAR, MAIN ROAD, SHIVAMOGGA - 577 201. 3. SMT. MEHARUNNISA DEAD BY HER LRS. 3(a). BABU SAB, S/O LATE ABDUL JABHER, AGED ABOUT 60 YEARS, NO.195, BEHIND DUTTA NURSING HOME, TILAK NAGAR, MAIN ROAD, SHIVAMOGGA - 577 201. 3(b). NASARULLA S/O LATE ABDUL JABHER, AGED ABOUT 55 YEARS, NO.195, BEHIND DUTTA NURSING HOME, TILAK NAGAR, MAIN ROAD, SHIVAMOGGA - 577 201. 3(c). HASEENA S/O LATE ABDUL JABHER, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2975 WP NO.26488 OF 2024 AGED ABOUT 52 YEARS, NO.195, BEHIND DUTTA NURSING HOME, TILAK NAGAR, MAIN ROAD, SHIVAMOGGA - 577 201. 3(d). MUBEENA S/O LATE ABDUL JABHER, AGED ABOUT 50 YEARS, NO.195, BEHIND DUTTA NURSING HOME, TILAK NAGAR, MAIN ROAD, SHIVAMOGGA - 577 201. 3(e). SHABEENA S/O LATE ABDUL JABHER, AGED ABOUT 38 YEARS, NO.195, BEHIND DUTTA NURSING HOME, TILAK NAGAR, MAIN ROAD, SHIVAMOGGA - 577 201. 4. ABDUL AZIZ S/O. H.S. BASHA, AGED ABOUT 48 YEARS, DUTTA NURSING HOME, TILAK NAGAR, MAIN ROAD, SHIVAMOGGA-577 201. …PETITIONERS (BY SRI. PRASAD B.S., ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAQF NO.6, CUNNINGHAM ROAD, BENGALURU - 560 052. REP. BY ITS CHIEF EXECUTIVE OFFICER. 2. HAZRATH SYED SHAH ALIM DIWAN DARGAH AND SHOPPING COMPLEX, TILAK NAGAR, SHIVAMOGGA DISTRICT - 577 201. REP. BY ITS ADMINISTRATOR/PRESIDENT. …RESPONDENTS (BY SRI. SYED SUHAIL ALI, ADVOCATE FOR R1; SRI. P.S. MALIPATIL, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2026:KHC:2975 WP NO.26488 OF 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDERS DATED 07.04.2022 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURES 'A' TO 'G' AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court, being aggrieved by orders dated 07.04.2022 passed by the respondent No.1-Enquiry Officer and Chief Executive Officer produced at Annexures 'A' to 'G'. In terms of which, the properties in question, which are in possession of petitioners are held to be the Waqf properties and petitioners herein who are the respondents in the said enquiry proceedings are alleged to have been encroached upon the same. 2. Learned counsel appearing for the petitioners submits that the enquiry proceedings and the finding given by the respondent No.1-Enquiry Officer and Chief Executive Officer is unsustainable in-as-much as the same is hit by principles of res judicata. Learned counsel for petitioners refers to the earlier proceedings in Original Suit Nos.3/1969 and 102/1975 and also Regular Appeal No.7/1990 to contend that the earlier attempts - 4 - HC-KAR NC: 2026:KHC:2975 WP NO.26488 OF 2024 made by the respondent-Waqf Board seeking relief of declaration of title and possession of the subject property has been negated by the Court of competent jurisdiction, which has attained finality. In that light of the matter, he submits that the respondent No.1-Chief Executive Officer ought not to have initiated proceedings under Section 54 of the Waqf Act. Therefore, he submits that the writ petition is maintainable warranting interference at the hands of this Court. 3. In response, learned counsel appearing for the respondent No.1 submits that the impugned orders are merely the enquiry reports contemplated under Section 54(3) of the Waqf Act and they do not per se amount to determination of rights or consequent direction of eviction. He relies upon the order passed by the Co-ordinate Bench of this Court dated 18.08.2025 in the case of SAHEBALAL AND ANOTHER vs. THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER AND OTHERS made in Writ Petition No.103530 of 2023 in support of his submission. He further submits that the respondent No.1-Chief Executive Officer had already filed application before the Tribunal as contemplated under Section 54(3) of the Waqf Act for necessary orders from the Tribunal, - 5 - HC-KAR NC: 2026:KHC:2975 WP NO.26488 OF 2024 seeking eviction of the petitioners and if the petitioners have any grievance, they can canvas the same before the Tribunal. 4. Heard learned counsel appearing for the parties and perused the material on record. 5. Perusal of the provision contained under Section 54 of the Waqf Act would indicate that the Chief Executive Officer of the Waqf Board is vested with the power upon the receipt of complaint or on his own motion with regard to encroachment on any land, building, space or other property of the Waqf to take up the enquiry with regard to the nature of the property and to submit a report to that extent and not beyond. Any further action upon the report is to be taken in terms of the orders required to be passed by the Tribunal as contemplated under Section 54(3) of the Waqf Act. 6. In the instant case, as contended by the learned counsel appearing for the respondent No.1, impugned orders dated 07.04.2022 (Annexures 'A' to 'G') are merely report/opinion of the Enquiry Officer and Chief Executive Officer, which cannot be considered as determination of rights of the parties or as an order directing the petitioners herein to - 6 - HC-KAR NC: 2026:KHC:2975 WP NO.26488 OF 2024 vacate/remove from the possession of the property. Petitioners claim to be in the possession of the property and have an opportunity to submit their contentions in the event of the Chief Executive Officer filing an application before the Tribunal, which indeed has been done in the present case as found at Annexures 'H' to 'P', which are the notices issued by the Tribunal pursuant to the Applications filed before the Tribunal by the Chief Executive Officer under Section 54(3) of the Waqf Act. 7. Therefore, petitioners are at liberty to place all their contentions for consideration before the Tribunal in the said proceedings initiated by the respondent No.1-Chief Executive Officer, which shall consider the matter in accordance with law. 8. This Court, therefore do not find it appropriate to show indulgence at this stage in the present writ petition. Keeping open all the contentions to be urged by the parties before the Tribunal in the proceedings initiated under Section 54(3) of the Waqf Act, writ petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE ARK List No.: 1 Sl No.: 11