- 1 - HC-KAR NC: 2026:KHC-D:905 WP No. 107978 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.107978 OF 2025 (GM-WAKF) BETWEEN: MOHAMMED GOUS S/O. IMAMSAB LINGANMATH, AGE. 70 YEARS, OCC. RETIRED BSNL EMPLOYEE, PRESIDENT MANAGING COMMITTEE (LEGAL), NOORANI MASJID, INDRA NAGAR, ALNAVAR TOWN-581103, TALUK AND DISTRICT. DHARWAD. …PETITIONER (BY SRI. ANNESAHEB SHALGAR, ADVOCATE) AND: 1. KARNATAKA STATE BOARD OF AUQAF, “DARUL AWKAF”, NO.6, CUNNINGHAM ROAD, BANGALORE-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. DISTRICT WAQF OFFICER, DISTRICT WAQF ADVISORY COMMITTEE, MOULANA AZAD BHAVAN, SADANKERI, DHARWAD-580001. 3. AFTAB AHMED ABDULKHADER MANNURKAR, AGE: 65 YEARS, OCC: BUSINESS, PRESIDENT, MANAGING COMMITTEE (ILLEGAL), INDRA NAGAR, ALNAVAR TOWN-581103, TALUKA & DISTRICT: DHARWAD. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:905 WP No. 107978 of 2025 4. MOHAMMED SHAFI SHAIKHMAKHTHUM KHATIB, AGE: 55 YEARS, OCC: BUSINESS, VICE PRESIDENT, MANAGING COMMITTEE, INDRA NAGAR, ALNAVAR TOWN-581103, TALUKA & DISTRICT: DHARWAD. 5. ANEES AHMED ABDUL RAZAK MULLA, AGE: 48 YEARS, OCC: BUSINESS, SECRETARY, MANAGING COMMITTEE, INDRA NAGAR, ALNAVAR TOWN-581103, TALUKA & DISTRICT: DHARWAD. 6. MOHAMMED ASIF MOHAMMED GOUS AGSIMANI, AGE: 45 YEARS, OCC: BUSINESS, TREASURER, MANAGING COMMITTEE, INDRA NAGAR, ALNAVAR TOWN-581103, TALUKA & DISTRICT: DHARWAD. 7. MANZOOR ILAHI MALIKSAB MULLA, AGE: 42 YEARS, OCC: BUSINESS, MEMBER, MANAGING COMMITTEE, INDRA NAGAR, ALNAVAR TOWN-581103, TALUKA & DISTRICT: DHARWAD. 8. SADIQUE KALIMULLA VANNUR, AGE: 38 YEARS, OCC: BUSINESS, MEMBER, MANAGING COMMITTEE, INDRA NAGAR, ALNAVAR TOWN-581103, TALUKA & DISTRICT: DHARWAD. 9. JAFAR MOHAMADSAB DODWAD, AGE: 45 YEARS, OCC: BUSINESS, MEMBER, MANAGING COMMITTEE, REHMAT NAGAR WATER TANK, ALNAVAR TOWN-581103, TALUKA & DISTRICT: DHARWAD. 10. ASHFAQ AHMED SHABODDIN MAKANDAR, AGE: 52 YEARS, OCC: BUSINESS, MEMBER, MANAGING COMMITTEE, INDRA NAGAR, ALNAVAR TOWN-581103, - 3 - HC-KAR NC: 2026:KHC-D:905 WP No. 107978 of 2025 TALUKA & DISTRICT: DHARWAD. 11. MUBARAK SHAMSHUDDIN BAGWAN, AGE: 35 YEARS, OCC: BUSINESS, MEMBER, MANAGING COMMITTEE, NEHRU NAGAR, ALNAVAR TOWN-581103, 12. MOHAMMED SHAREEF ABUTHAHIR KURABGATTI, AGE: 32 YEARS, OCC: BUSINESS, MEMBER, MANAGING COMMITTEE, INDRA NAGAR, ALNAVAR TOWN-581103, TALUKA & DISTRICT: DHARWAD. 13. IMTIYAZ KHAN MOHAMMED ALI KHAN. AGE: 54 YEARS, OCC: BUSINESS, MEMBER, MANAGING COMMITTEE, NEHRU NAGAR, ALNAVAR TOWN-581103, TALUKA & DISTRICT: DHARWAD …RESPONDENT (BY SRI. B. MOHAMMED ALI, ADVOCATE FOR R1 AND R2; SRI. SADIQ N.GOODWALA, ADVOCATE FOR R3 AND R5; SERVICE OF NOTICE TO R4 AND R6 ARE HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO QUASH THE ORDER BEARING NO.KSBA/CMC/29/DHD/2022-23 DATED 13.03.2025 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2026:KHC-D:905 WP No. 107978 of 2025 ORAL ORDER The present writ petition is filed seeking following prayer: “a) Issue a writ of Certiorari or any other appropriate writ or order or direction to quash the order bearing No.KSBA/CMC/29/DHD/2022-23 dated 13/03/2025 passed by the Respondent No.1 vide ANNEXURE-E to the writ petition in the interest of justice and equity. b) Issue any other appropriate order or direction which this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity an to meet the ends of justice.” 2. Learned counsels appearing for respondent Nos.1 to 3 and 5 relying upon the judgment of the Hon’ble Supreme Court in the case of Board of Wakf, West Bengal Vs. Anis Fatma Begum & Anr.1 as well as the judgment of the Division Bench of this Court in the case of WALIALLAH VS. KARNATAKA STATE BOARD OF AUQAF AND OTHERS2 submit that the remedy available to the petitioner is to go before the Wakf Tribunal under Section 83 of the Wakf Act, 1995. 3. Having heard the learned counsel on either side, this Court is passing the following: 1 (2010) 14 SCC 588 2 Writ Appeal No.100561/2024 disposed of 17.09.2025 - 5 - HC-KAR NC: 2026:KHC-D:905 WP No. 107978 of 2025 ORDER (i) Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail appropriate remedy before the Wakf Tribunal under Section 83 of the Wakf Act, 1995. (ii) All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 1 Sl No.: 0