- 1 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.107338 OF 2025 (GM-WAKF) C/W WRIT PETITION NO.108618 OF 2025 IN WRIT PETITION NO.107338 OF 2025 BETWEEN: 1. MUSTAQ AHMED S/O. MOULA BAKSHA TEGUR, AGE. 69 YEARS, OCC. BUSINESS, R/O. NEHRU NAGAR, ALNAVAR, TQ. ALNAVAR, DIST. DHARWAD-581103. 2. BASHEER AHMED S/O. DASTAGIRSAB DASTIKOP, AGE. 69 YEARS, OCC. BUSINESS, R/O. SHIVAJI ROAD, ALNAVAR, TQ. ALNAVAR, DIST. DHARWAD-581103. 3. MAHMOOD S/O. KHAJASAB BAGBAN, AGE. 65 YEARS, OCC. BUSINESS, R/O. TILAK NAGAR, ALNAVAR, TQ. ALNAVAR, DIST. DHARWAD-581103. 4. HASANALI S/O. FARIDDIN SHEIKH, AGE. 50 YEARS, OCC. BUSINESS, R/O. HANUMAN ROAD, ALNAVAR, TQ. ALNAVAR, DIST. DHARWAD-581103. …PETITIONERS Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 (BY SRI. ANNESAHEB SHALAGAR, ADVOCATE A/W SRI. SABEEL AHMED, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF AUQAF, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, DARUL AUQAF, NO.6, CUNNINGHUM ROAD, BENGALURU-560052. 2. THE DISTRICT WAKF OFFICER, ALNAVAR ROAD, SADANAKERI, DIST. DHARWAD-580001. 3. ANJUMAN E ISLAM, ALNAVAR, REPRESENTED BY ITS PRESIDENT, MR. FAHIM MUJAHID CONTRACTOR, AGE. 54 YEARS, OCC. BUSINESS, R/O. TILAK NAGAR, ALNAVAR-581103, TQ. ALNAVAR, DIST. DHARWAD. 4. SRI. MAHAMMAD AYAJ AMANULLA SAYYAD, AGE. MAJOR, OCC. SDA, DISTRICT WAKF OFFICE, DHARWAD, ALNAVAR ROAD, SADANAKERI, DHARWAD-580001. …RESPONDENTS (BY SRI. J.S. SHETTY, ADVOCATE FOR R1, R2 AND R4; SRI. SADIQ N.GOODWALA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A. WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR - 3 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 DIRECTIONS TO QUASH THE IMPUGNED ORDER DATED 25/09/2025 ITS BEARING NO.KSBA/MSC/33/DHD/2020-21 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A. B. WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO IMPLEMENT THE ORDER PASSED BY RESPONDENT NO.1 DATED 19/9/2025 ITS BEARING NO.KSBA/MSC/33/DHD/2020-21 VIDE ANNEXURE-G BY ASSUMING CHARGE OF THE ANJUMAN E ISLAM ALNAVAR DIST.DHARWAD, AND C. GRANT ANY OTHER RELIEF OR ORDER AS DEEMED FIT IN THE INTEREST OF WAQF INSTITUTION ANJUMAN-E-ISLAM, ALLANVAR AND ALSO IN INTERESTS OF JUSTICE AND EQUITY. IN WRIT PETITION NO.108618 OF 2025 BETWEEN: ANJUMAN-E-ISLAM ALNAVAR-581105 BY ITS PRESIDENT FAHIM CONTRACTOR DIST. DHARWAD. …PETITIONER (BY SRI. SADIQ N.GOODWALA, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF AQUAF DARUL-A-AUQAF, NO.6, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU-560051, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. - 4 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 2. THE WAKF OFFICER, DISTRICT WAKF OFFICE MOULANA AZAD BHAVAN SADANAKERI, DHARWAD-580002. 3. MOHAMMAD AYAZ AMANULLA SYYAD, 2ND DIVISION ASSISTANT, DISTRICT WAKF OFFICE, DHARWAD-580002, DIST. DHARWAD. …RESPONDENTS (BY SRI. J.S. SHETTY, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO I) A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO PASS AN ORDER CONTINUING THE MANAGING COMMITTEE OF PETITIONER INSTITUTION IN VIEW OF ORDERS DATED 30.10.2025 AND 31.10.2025 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-H AND J RESPECTIVELY. II) ISSUE SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, COMMON ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 ORAL COMMON ORDER W.P.No.107338/2025 is filed seeking the following prayer: “a. Writ of Certiorari or any other appropriate writ, order or directions to quash the impugned order dated 25/09/2025 its bearing No.KSBA/MSC/33/DHD/2020-21 passed by the Respondent No.1 vide Annexure-A; b. Writ of Mandamus directing the Respondent No.4 to implement the order passed by Respondent No.1 dated 19/9/2025 its bearing No.KSBA/MSC/33/DHD/2020-21 vide Annexure-G by assuming charge of the Anjuman E Islam Alnavar Dist.Dharwad, and c. Grant any other relief or order as deemed fit in the interest of Waqf Institution Anjuman-E-Islam, Allanvar and also in interests of justice and equity.” 2. W.P.No.108618/2025 is filed seeking the following prayer: “i) A writ in the nature of Mandamus directing the Respondent No.1 to pass an order continuing the managing committee of Petitioner Institution in view of orders dated 30.10.2025 and 31.10.2025 passed by Respondent No.1 vide Annexure-H and J respectively. ii) Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case.” 3. The case of the petitioner in W.P.No.107338/2025 is that the Karnataka State Board of Wakf constituted a Managing Committee of 21 members for the management of Anjuman-E- - 6 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 Islam for a period of three years by order dated 06.04.2022 and the petitioners were the members of the general body of the said Wakf. The term of the Managing Committee came to an end on 05.04.2025 and it was extended for a period of three months, which expired on 04.07.2025. On 30.06.2025, the District Wakf Officer, Dharwad, wrote to the Chief Executive Officer, forwarding the representation of the president of the outgoing Managing Committee, seeking further extension of the committee's period for eleven months. The general body members have submitted a representation dated 14.07.2025, requesting respondent No.1 and also to the Chairman, Karnataka State Board of Wakf to safeguard the assets and interests of the Wakf. The Chairman of the Karnataka State Board of Wakf considered the request and issued a note dated 16.07.2025 addressing the Chief Executive Officer of the Board to appoint a Caretaker for managing the day-to-day affairs of the Wakf, since there is no management. Then, the Caretaker was appointed by proceedings dated 19.09.2025. Now, it is the grievance of the petitioners that, the State Wakf, by order dated 25.09.2025 has extended the period of the outgoing committee, i.e., arrayed as respondent No.3. The term of the respondent No.3 was extended - 7 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 by order dated 25.09.2025. It is the contention of the learned counsel appearing for the petitioners that when once a Caretaker is appointed, the committee whose term is expired on 04.07.2025, has become functus-officio and question of extending the same on 25.09.2025 is contrary to the provisions of the Wakf Act. It is submitted that the obligation is on the respondent No.1 to see that a committee is constituted in the interest of the Wakf and the respondent No.1 is not taking appropriate steps for constitution of the Wakf and they are passing orders one after the other contrary to their own orders. It is the submission that when the order dated 19.09.2025 is being in subsistence, the question of passing an order on 25.09.2025 does not arise and same is arbitrary and illegal. 4. Learned counsel appearing for respondent No.1 submits that, in fact, they want to take steps in the interest of the institution but respondent No.3 and the petitioners are litigating the matter by coming before this Court and going before the Wakf Tribunal. When a Caretaker is appointed, respondent No.3 has questioned the same before the Wakf Tribunal and the petitioners have come before this Court by filing - 8 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 the present writ petition. It is submitted that, if the steps are taken and the Committee is constituted, all the disputes will be resolved. 5. Learned counsel appearing for respondent No.3 submits that, the writ petition is not maintainable. The petitioners have an effective alternative remedy under Section 83 of the Wakf Act before the Wakf Tribunal. He relied on the judgment of the Hon’ble Supreme Court in the case of Board of Wakf, West Bengal Vs. Anis Fatima Begum and Anr1 at paragraph number 16 which reads as under: “16. We may further clarify that the party can approach the Wakf Tribunal, even if no order has been passed under the Act, against which he/she is aggrieved. It may be mentioned that Sections 83(1) and 84 of the Act do not confine the jurisdiction of the Wakf Tribunal to the determination of the correctness or otherwise of an order passed under the Act. No doubt Section 83(2) refers to the orders passed under the Act, but, in our opinion, Sections 83(1) and 84 of the Act are independent provisions, and they do not require an order to be passed under the Act before invoking the jurisdiction of the Wakf Tribunal. Hence, it cannot be said that a party can approach the Wakf Tribunal only against an order passed under the Act. In our opinion, even if no order has been passed under the Act, the party can approach the Wakf Tribunal for the determination of any dispute, question or other matters relating to a wakf or wakf property, as the plain language of Sections 83(1) and 84 indicates.” 1 (2010) 14 SCC 588 - 9 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 6. It is submitted that, the Division Bench of this Court in case in WALIALLAH VS. KARNATAKA STATE BOARD OF AUQAF AND OTHERS2 has held that, when there is an alternative remedy, the aggrieved party has to go before the Wakf Tribunal under Section 83 of the Wakf Act. It is submitted that, the writ petition has to be dismissed and the petitioner may be relegated to the Wakf Tribunal. 7. Writ Petition No.108618/2025 is filed by respondent No.3 in Writ Petition No.107338/2025. It is the case of the petitioner in Writ Petition No.108618/2025 that, respondent No.2 has made a representation to extend the time of the general body meeting called on 03.07.2025 and a writ petition is filed before this Court i.e. Writ Petition No.104268/2025 and obtained an interim order on 02.07.2025 staying the general body meeting. The petitioner has filed a vacate petition and the same is pending consideration. It is submitted that respondent No.1 due to political influence, on 19.09.2025 appointed respondent No.3 as Caretaker of the petitioner/ Institution. It is stated that, respondent No.1 by order dated 25.09.2025 extended the period 2 Writ Appeal No.100561/2024 disposed of 17.09.2025 - 10 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 of the Committee for a period of six months and it was challenged by filing Writ Petition No.107338/2025. On 03.10.2025, stay was granted. It is stated that, on 30.10.2025, the State Government has passed the transfer order transferring respondent No.3 to respondent No.1/ Office. In the meantime, respondent No.1 by proceedings dated 30.10.2025 passed an order extending the term of the Managing Committees and Mutawallis in the State in view of UMEED portal as there was a direction by the Central Government for updating the Wakf Institutions by the Managing Committees. It is stated that, respondent No.3 came to the office of the Petitioner/ Institution and tried to interfere with the affairs of the Managing Committee at the instigation of some of the persons in spite of the fact that is transferred. The petitioner had brought to the notice of respondent No.3 about the order, that the term of the Committee is extended. It is the case that, respondent No.3 is trying to interfere with the affairs of the petitioner/ Institution. As such, the petitioner has come up before this Court by filing the instant writ petition. - 11 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 8. Having heard the learned counsel on either side, perused the material on record. As both the writ petitions are pertaining to the same Wakf and the parties are one and the same, they are disposed of by way of a common order. 9. In Writ Petition No.107338/2025, the grievance of the petitioners is, once a Caretaker is appointed, respondent No.1 ought not to have passed an order extending the term of the Committee which was expired two months back and the term of the Committee which had expired long back has become factus-officio. This Court finds force in the argument of the learned counsel appearing for the petitioners. When the Chief Executive Officer has appointed a Caretaker to take care of the affairs of the Wakf on 19.09.2025, on 25.09.2025, they have extended the term of the Committee which is arbitrary and illegal. Respondent No.1 ought not to have passed such an order. 10. It is the submission of the learned counsel appearing for respondent No.3 that, the writ petition is not maintainable and he has relied on certain orders passed by the Court. A series of writ petitions are already entertained and interim orders are passed. After entertaining the writ petitions and after passing - 12 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 interim orders, at this stage, this Court is not inclined to go into the aspect of maintainability of the writ petition. 11. In the interest of the Wakf, respondent No.1 ought to have taken the necessary steps. Even as per the petitioners it is submitted that all these efforts are made in the interest of the Wakf, in that view of the matter, this Court is of the view that the order that is passed by respondent No.1 extending the term of the Committee has to be set-aside. Even the appointment of the Caretaker also needs to be set-aside. Hence, the Court is passing the following: ORDER (i) Accordingly, Writ Petition No.107338/2025 and Writ Petition No.108618/2025 are disposed of by setting aside the orders dated 19.09.2025 and 25.09.2025 passed by respondent No.1. (ii) Respondent No.1 shall take necessary steps for constitution of the new Committee as per the scheme of administration within a period of three months from the date of receipt of copy of the order. - 13 - HC-KAR NC: 2026:KHC-D:933 WP No. 107338 of 2025 C/W WP No. 108618 of 2025 (iii) Till the Committee is constituted, respondent No.1 shall appoint the District Wakf Officer as the Administrative Officer. (iv) All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN,RH CT: UMD List No.: 1 Sl No.: 0