IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 32 OF 2023 (WAKF)

BETWEEN:

1. MR. MOHAMMED SALAM SAB S/O MR.MOHAMMED YUSUF SAB AGED ABOUT 65 YEARS, OCC: JAMATH MEMBER R/O PALANAJOGAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT-561 203.

2. MR.ASIFULLA S/O MR.MOHAMMED IBRAHIM AGED ABOUT 52 YEARS, OCC: JAMATH MEMBER, R/O KANTANAKUNTE, TIPPUNAGAR, KASABA HOBLI, DODDABALLAPUR TALUK Digitally BENGALURU RURAL DISTRICT-561 203.

signed by …PETITIONERS MALATESH K C (BY SRI. V B SIDDARAMAIAH.,ADVOCATE)

Location:

AND: HIGH COURT OF KARNATAKA

1. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF AUQAF NO.6, CUNNINGHAM ROAD, BENGALURU-560 052.

2. THE WAKF OFFICER DISTRICT WAKF ADVISORY COMMITTEE BENGALURU RURAL DISTRICT, OFFICE AT NO.4-C, 2^ND FLOOR, HAZRATH HAMEED SHAH AND HAZ MUHNIB SHAH COMPLEX, CUBBONPET, BENGALURU-560 002.

3. THE ADVISORY COMMITTEE THE HAZRATH SHAH HUSSAIN SHAH MAKAN AND MASJID PALANAJOGAHALLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203 REPRESENTED BY ITS MEMBER, MR.PYARE JAN.

…RESPONDENTS (BY SRI. USMAN P., ADVOCATE FOR R1;

SRI.P.S.MALIPATIL, ADVOCATE FOR R2 - ABSENT-

SRI.NAVEED ADMED, ADVOCATE FOR R3)

THIS CRP FILED UNDER SECTION 83(9) OF THE WAKF ACT,1995, AGAINST THE ORDER DATED 03.01.2023 PASSED ON IA.NO.1 IN APPLICATION NO.78/2022 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-14) BENGALURU, C/C PRESIDING OFFICER KARNATAKA WAKF TRIBUNAL BANGALORE DN. BANGALORE, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 U/S 83 OF WAQF ACT R/W/S 151 OF CPC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri.V.B.Siddaramaiah, learned counsel appearing for the petitioners; Sri.Usman.P., learned counsel appearing for Respondent No.1 and Sri.Naveed Ahmed, learned counsel appearing for Respondent No.3.

Sri.P.S.Malipatil, learned counsel for Respondent No.2 remained absent.

2. Applicants in Application No.78 of 2022 before the Karnataka WAQF Tribunal, Bengaluru is the revision petitioner assailing the order dated 03.01.2023 in this revision petition.

3. Facts of the case, which are utmost necessary for disposal of the present revision petition are as under:

An application came to be filed under Section 83(2)

of the WAKF Act, 1995 by the applicants with the following prayer:

i) To set aside the Order No.KSBA/ADM/

CMC/BNR/07/2022-23, dated 21.07.2022 and Order No.KSBA/ADM/ CMC/ BNR/ 07/2022-23 dated 15.11.2022 issued by the Respondent No.1 vide Annexures-K & L.

ii) To direct the Respondent No.1 to approve the list of 11 members of the managing committee of Hazrath Hussain Shah Makan & Dargah & Masjid, Palanajogahalli, Doddaballapur Taluk, Bengaluru Rural District, which was sent by the Respondent No.2 vide the letter dted 14.07.2022 and letter dated 30.08.2022 submitted by the Respondent No.2.

4. An application under Order XXXIX Rule 1 and Rule 2 r/w Section 151 of CPC came to be filed vide I.A.No.1 with the following prayer to issue interim order of stay, staying the order No.KSBA/ADM/CMC/BNR/07/2022- 23, dated 21.07.2022 and order No.KSBA/ADM/CMC/BNR/ 07/2022-23 dated 15.11.2022 issued by the first respondent.

5. The application was supported by affidavit of Mr.Asifulla, one of the applicants. In the affidavit, it is stated that WAKF Board constituted Managing Committee on 16.06.2019 for constitution of 11 members committee for a period of 3 years and Jamath members and previous managing committee has filed representation to WAKF Board for constitution of new managing committee and till the consideration of the said representation, the notification issued by the first respondent needs to be stayed. The said application was opposed by the contesting respondent by filing detailed written objections.

6. The learned Trial Judge heard the matter in detail and dismissed the application filed