- 1 - HC-KAR NC: 2026:KHC-D:1208-DB WA No. 100021 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT APPEAL NO. 100021 OF 2026 (GM-WAKF) BETWEEN: SAYED MURTUZA SHAH QUADRI S/O SAYED SHAH ABDUL KHADAR KHADRI, AGED ABOUT 49 YEARS, OCC. HEREDITARY MUTWALLI AND SAJJADA NASHEEN OF DARGHA HAZRATH, SAYED MURTUZA SHAH QUADRI, SITUATED IN ILKAL, HUNGUND TALUK, BAGALKOT DISTRICT-587 101. … APPELLANT (BY SRI V.M. SHEELAVANT, ADVOCATE FOR SRI VANTI MAHAMMAD SHARIF LATIF, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF AUQAF DARULAWKAF, NO.6, CUNNINGHAM ROAD, BENGALURU-560 052, REPRESENTED BY ITS CHAIRMAN. 2. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, DARULAWKAF, NO.6, CUNNINGHAM ROAD, BENGALURU-560 052. V N BADIGER Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.31 16:56:20 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1208-DB WA No. 100021 of 2026 3. SHRI ABDUL RAJAK KALLA S/O BALESAB KALAL, MUNICIPAL CHIEF OFFICER, (RETD.) AND CARETAKER, HAZRATH SYED SHAH MURTUZA KHADRI DARGAH, ILKAL TOWN, BAGALKOT DISTRICT. 4. HAJI USMANGANI HUMNABAD PRESIDENT, AGED ABOUT 63 YEARS, S/O. IBRAHIM SAB HUMNABAD, HAJARATH SYED SHAH MURTUJA QUADRI DARGAH, MANAGING COMMITTEE, ILKAL, TALUK. ILKAL, BAGALKOTE-587 125. 5. TAHSILDAR, ILKAL, TQ. HUNGUND, BAGALKOTE-587 125. … RESPONDENTS (BY SRI G.K. HIREGOUDAR, PGA FOR R5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 27/01/2026 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.102526/2023 PASSED ON I.A. NO.1/2026 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 3 - HC-KAR NC: 2026:KHC-D:1208-DB WA No. 100021 of 2026 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) This Court in W.P.Nos.102526/2023 (GM-Wakf) clubbed with W.P.No.100579/2018, W.P.No.100710/2023 and W.P. No.100303/2024 has passed the following order: “ORDER i. All the writ petitions are disposed of. ii. The respective parties are relegated to the suit in O.S.No.6/2023, pending before the Waqf Tribunal, Belagavi. iii. The plaintiff in the said suit shall within 15 days of the receipt of a certified copy of this order make a formal application to implead all the parties in these writ petitions as party defendants in the said suit, the Applications so filed shall be allowed by the tribunal and the plaint amended. iv. The impleaded defendants shall file their respective written statement within 90 days of they being brought on record. v. If any of the parties impleaded wish to file a counter claim they are at liberty to do so within 90 days of their coming on record before the Tribunal. vi. Issues and additional issues to be framed by the trial court within 30 days of the pleadings being completed. vii. The Waqf Tribunal is directed to dispose of the said suit as expeditiously as possible, preferably within a - 4 - HC-KAR NC: 2026:KHC-D:1208-DB WA No. 100021 of 2026 period of one year from the date of completion of filing of the pleadings in the said suit. viii. In order to maintain proper conduct of administration, the jurisdictional Tahasildar is appointed as administrator of Hajarat Syed Shah Murtuja Quadri Dargah, who shall administer the said Dargah until the disposal of the suit in O.S.No.6/2023. ix. The said Tahasildar is at liberty to take assistance of such persons of eminence and knowledge in running of the Dargah, as he may require by forming a committee of such persons, needless to say none of the parties to the present Writ petitions and or the suit or part of the alleged managing committee shall be included as a member of such committee to be formulated by the Thasildhar/Administrator. x. The Thasildhar/Administrator shall expend money from the funds available with the Dargah and in this regard take into consideration the aid and advice of the District Waqf Officer. xi. A quarterly statement of accounts is directed to be placed before the Tribunal in O.S.No.6/2023 and in the event of any advice being required by the Administrator in taking any major financial decisions, such advice could be sought for from the Waqf Tribunal. xii. The Additional Registrar (Judicial) is directed to communicate the above order to the Tahasildar, Ilkal, the Deputy Commissioner, Bagalkot, Superintendent - 5 - HC-KAR NC: 2026:KHC-D:1208-DB WA No. 100021 of 2026 of Police Ilkal, the jurisdictional Deputy Superintendent of Police and CPI, Ilkal. xiii. The Tahasildar, Ilkal, shall take charge of the affairs of the Dargah at 10.00 am on 17.02.2024. xiv. This Court hopes and believes that peace and order would be maintained by all the parties until the resolution of dispute by the Waqf Tribunal and that all the parties shall assist and fully co-operate with the Waqf Tribunal in expeditiously disposing of the suit in O.S.NO.6/2023.” 2. The appellant herein preferred an application under 151 of the CPC for clarification in the aforementioned writ petitions with the following prayer: “Wherefore the Hon'ble Court be pleased to allow the application and direct the Administrator and Wakf Officers to facilitate/allow the present applicant for performing the customary religious rituals (Pasting the Sandal on the Holy Grave of Holy shrine) "Hazrath Sayed Murtuza Shah Quadri" Dargha situated in Ilkal, Tq. Hungund, Dist. Bagalkot schedule from 30/1/2026 to 1/2/2025 as a Saijada Nasheen along with his disciples by clarifying the order dated 10/2/2024, to meet ends of justice.” 3. The learned Single Judge by his order dated 27.01.2026 has dismissed the said application by assigning the following reasons: - 6 - HC-KAR NC: 2026:KHC-D:1208-DB WA No. 100021 of 2026 “1. I.A.No.1/2026 has been filed seeking for clarification of the order dated 13.02.2024. By way of the said application, a direction has been sought to be given to the Administrator and the WAKF Officers to facilitate the applicant to perform certain customary rituals. 2. I am of the considered opinion that such an application would negate the order passed on 13.02.2024 inasmuch as an Administrator having been appointed, it has been categorically stated that none of the parties to the proceedings shall be appointed on the Committee to manage the WAKF. 3. If that being so, if the above application is considered, it would not be a clarification of the order, but it will run counter to the order passed by this Court. 4. The aforesaid order having been passed on 13.02.2024. On enquiry, learned counsel submits that the trial is yet to commence. 5. It is rather surprising that for the last two years, the parties have not led evidence and proceeded with the matter but have been filing interlocutory applications one after the other. 6. In that view of the matter, the trial Court is directed to expeditiously dispose of the suit pending before it and exercise its discretion as to whether to grant any adjournment sought for or not. - 7 - HC-KAR NC: 2026:KHC-D:1208-DB WA No. 100021 of 2026 7. The submission of learned counsel for the petitioner and the respondents that they will not seek for any unnecessary adjournments is placed on record. 8. I.A.No.1/2026 is dismissed.” 4. Aggrieved by the same, the present writ appeal is filed with the following prayer: “Wherefore, the appellants most respectfully pray that the Hon’ble court be pleased to call for the records, allow the appeal and set aside the order dated 27/1/2026 passed by the learned Single Judge in Writ Petition No.102526/2023 passed on I.A. No.1/2026 in the interest of justice and equity. Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice and equity.” 5. The case of the appellant is that this Court cannot curtail the spiritual rights of a person to conduct Urus in the said Dargah and hence the order of the learned Single Judge on the application is bad in law. 6. Admittedly, this Court while disposing of the aforementioned writ petitions in Clause viii and ix of its order has appointed the jurisdictional Tahashildar as the Administrator of the Dargah and he is required to conduct all the necessary - 8 - HC-KAR NC: 2026:KHC-D:1208-DB WA No. 100021 of 2026 administration and it includes the manner in which the Urus and other activities have to be conducted. No rights have been reserved in favour of the petitioner. Hence, the learned Single Judge while disposing of the interlocutory application filed by the appellant herein has observed that the clarification sought for by the appellant runs contrary to the order passed in the aforementioned writ petitions. We do not see any error in the same. The petitioner has not challenged the order passed in the aforementioned writ petitions and has only challenged the order passed on the interlocutor application seeking clarification. We do not see any error in the impugned order of the learned Single Judge. 7. For the said reasons, the writ appeal is hereby dismissed. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE CKK CT:BCK LIST NO.: 1 SL NO.: 11