The petitioners in this writ petition are assailing

the order/endorsement bearing No.MWD/453/WES/

2013 dated 23/11/2015 (Annexure-E), passed by the

Principal Secretary, Minority Welfare, Haj & Waqf

Department-respondent No.1 and sought to allow the

application dated 28/11/2013 (Annexure – A) filed by

the

petitioners

seeking

permission

to

prosecute

respondent No.3 - Dr. Syed Shah Khusro Hussaini, who

was the sitting member and R.Abdul Riyaz Khan –

respondent No.4.

Brief facts leading to filing of this writ

petition are:

Petitioners in this writ petition seek permission to

prosecute respondent Nos.1 and 2, who were the sitting

member and Chairman respectively of the Karnataka

State Board of Waqf for having mortgaged the waqf

property i.e., land measuring 7 acres in Sy.No.34,

Brahmapura Village, Kalaburagi, (hereinafter referred

- 4 -

to

as

“the

petition

property”

for

the

sake

of

convenience) by corrupt practice.

It is averred in the petition that the petition

property belongs to Dargah Hazarath Khaja Bande

Nawaz, (hereinafter referred to as “Waqf institution”)

registered under the Karnataka State Board of Waqf

Act, 1959 (“the Waqf Act” for short). It is averred that

the Khaja Edu