- 1 - HC-KAR NC: 2026:KHC-D:1464 WP No. 101826 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.101826 OF 2022 (GM-WAKF) BETWEEN: ZEESHAN AHMED KHAN S/O. FAIZ AHMED KHAN PATHAN, AGE. 53 YEARS, OCC. PRESIDENT OF ANJUMAN-E-ISLAM SAVANUR, R/O. JUMMA BAZAAR ONI, POST. SAVANUR, TQ. SAVANUR, DIST. HAVERI, THE PRESIDENT OF ANJUMAN-E-ISLAM SAVANUR, TOWN AND TALUK, DIST. HAVERI-581118. …PETITIONER (BY SRI. SADIK KANVI, ADVOCATE) AND: 1. THE STATE BOARD OF AUQAF BENGALURU BY ITS CHIEF EXECUTIVE OFFICER DARUL-AUQAF, NO.6 CUNNINGHAM ROAD, BENGALURU-560 052. 2. DISTRICT WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, D.C. OFFICE BUILDING, HAVERI, TQ AND DIST. HAVERI-581110. …RESPONDENTS (BY SRI. M. MUHAMMED ALI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER NO.KSBA/CMC/268/HVR/2003-04 DATED 11-05-2022 PRODUCED AT ANNEXURE-C PASSED BY THE RESPONDENT NO.1 IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER DIRECTION DIRECTING THE RESPONDENTS RESTRAINING THEM FROM INTERFERING WITH THE PETITIONERS ADMINISTRATIVE AND FINANCIAL POWERS AS PRESIDENT OF ANJUMAN-E-ISLAM SAVANUR TOWN AND TALUK, HAVERI DISTRICT IN THE INTEREST OF JUSTICE AND EQUITY. C) GRANT SUCH OTHER RELIEFS AS DEEM FIT IN THE Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1464 WP No. 101826 of 2022 CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER Wherefore the petitioner most respectfully prays that the Hon'ble Court be pleased to: a) Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction and quash the Order No. KSBA/CMC/268/HVR/2003-04 Dated: 11-05- 2022 produced at Annexure-C passed by the Respondent No.1 in the interest of justice and equity. b) Issue a writ in the nature of Mandamus or any other appropriate writ, order direction directing the respondents restraining them from interfering with the petitioners Administrative and Financial powers as president of Anjuman-E-Islam Savanur town and taluk, Haveri district in the interest of justice and equity. c) Grant such other reliefs as deem fit in the circumstances of the case and in the interest of justice and equity.” 2. The facts of the case are that the petitioner is appointed as president of the Waqf Institution by order dated 17.05.2021. The petitioner is aggrieved by the order impugned whereby the petitioner is suspended from the post of president of the - 3 - HC-KAR NC: 2026:KHC-D:1464 WP No. 101826 of 2022 Managing Committee with immediate effect and an administrator is appointed for the better administration of the Waqf. 3. It is the contention of the learned counsel appearing for the petitioner that Section 32 of the Waqf Act, 1995 (hereinafter referred to as ‘Act’) deals with the powers and functions of the Board, Section 27 of the Act deals with delegation of powers by Board. It is the contention of the learned counsel that the power under Section 32(2)(c), (d), (g), (j) and Section 110 of the Act cannot be delegated to any other person and exclusively the Board has to pass orders. It is submitted that now by way of order impugned, the Chief Executive Officer has suspended the mutawalli i.e., the petitioner and appointed an administrator which is beyond the powers conferred on the Chief Executive Officer. As such, the order impugned need to be set aside. 4. Having heard the learned counsel appearing for the petitioner, perused the material on record. No doubt as per Section 25 of the Act, subject to the provisions of the Act and of the rules made thereunder and the directions to the Board, the Chief Executive Officer has duties to function. Section 27 of the Act deals with delegation of powers by Board. It is appropriate to look at Section 27 of the Act which reads thus: - 4 - HC-KAR NC: 2026:KHC-D:1464 WP No. 101826 of 2022 “27. Delegation of powers by the Board.—The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and section 110.” 5. In view of the same, the powers under Section 32(2) (c), (d), (g) and (j) cannot be delegated. Section 32(2)(g) deals with “to appoint and remove mutawallis in accordance with the provisions of this Act”. By virtue of this order, the mutawalli is suspended and an administrator is appointed. In the light of Section 32 of the Act, the Board ought not to have delegated the powers to the Chief Executive Officer and the order that is passed by an authority who has no power to pass such an order has to be set aside. Hence, this Court is passing the following: ORDER i. The order impugned dated 11.05.2022 passed in order No.KSBA/CMC/268/HVR/2003-04 by respondent No.1/Chief Executive Officer, Karnataka State Board of Auqaf is set aside. - 5 - HC-KAR NC: 2026:KHC-D:1464 WP No. 101826 of 2022 ii. The respondents are at liberty to act in accordance with law. iii. Accordingly, the writ petition is disposed of. iv. All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 2