IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 52749 OF 2019 (GM-WAKF)

BETWEEN:

TAHA EDUCATIONAL TRUST BANGALORE A REGISTERED WAKF, NO.25/2, ARMSTRONG ROAD, BEHIND BHARATHINAGAR POLICE STATION, SHIVAJINAGAR BANGALORE - 560 001.

REPRESENTED BY ITS AUTHORIZED REPRESENTIVES AND TRUSTEE MR. MAAZ AHMED SHARIEFF …PETITIONER (BY SRI. PRATIK PANY, ADVOCATE FOR SRI. ABHILASH RAJU, ADVOCATE)

Digitally signed by ARUNKUMAR M S Location: H IGH AND:

COURT OF KARNATAKA

1. THE KARNATAKA STATE BOARD OF WAKF NO.6, 'DARUL AUQAFS'

CUNNINGHAM ROAD, BANGALORE - 560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

2. NAVBAHARR SHAH MAKAN A REGISTERED WAKF, MAKAN ROAD, CIVIL STATION, BANGALORE 560 001 REPRESENTED BY ITS PRESIDENT/SECRETARY

3. M/S SHAHEEN EDUCATIONAL TRUST A REGISTERED NON-PROFIT ORGANIZATION, SITUATED AT ARMSTRONG ROAD, NEAR BAEDWADI MOSQUE, SHIVAJINAGAR, BANGALORE - 560 001 REPRESENTED BY ITS CHAIRMAN.

…RESPONDENTS (BY SRI. USMAN P., ADVOCATE FOR R1 SRI. MOINUDDIN N., ADVOCATE FOR R2 SRI. MOHAMMED JAHIR, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 21.06.2019 VIDE ANNX-P ISSUEDBYR-1.GRANT AN INTERIM ORDER TO STAY THE OPERATION OF ORDER DTD

21.06.2019 VIDE ANNX-P ISSUED BY R-1 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this petition, petitioner is assailing the Order dated

21.06.2019 (Annexure-P) issued by the respondent No. 1.

2. The facts in nutshell for the purpose of adjudication of this petition are that, the petitioner is a Trust and has taken the subject land for lease as per the Registered Trust Deed dated 31.10.1985 (Annexure A). It is also stated that, the Certificate of Registration has been made in respect of the petitioner-Trust as a 'Wakf' as per Annexure-B to the writ petition. It is further stated that, the respondent No.1 is the Wakf Board, a Statutory Body constituted under the Provisions of Wakf Act, 1995. The respondent No.2 is a Registered Wakf, a Notified Wakf Institution in respect of the land in question.

3. The petitioner-Trust has requested the respondent No.2 to let out the premises in question to run the Educational Institution for the benefit of their Community Students and as such, Registered Lease Deed dated 06.04.1989 (Annexure-C) was executed for a period of 30 years. It is also to be noted that, the parties have entered into a Memorandum of Understanding dated 10.03.2014 (Annexure-E). It is the grievance of the petitioner that, the respondent No.1 had caused Notice dated 25.11.2014 (Annexure-G), seeking eviction of the petitioner on the ground that, the lease period has come to an end, for which the petitioner has filed reply dated 29.12.2014 as per Annexure-H to the writ petition.

4. In the meanwhile, the respondent No.1 has issued the impugned letter dated 21.06.2019 (Annexure-P) addressed to the respondent No.2-Institution stating that, the lease of the land belonging to the respondent No.2, has come to an end and therefore, resolved to handing over the premises in question to one M/s.Shaheen Educational Trust-Respondent No.3 for a period of 11 months. Feeling aggrieved by the same, the petitioner has presented this writ petition.

5. I have heard Sri.Prathik Pany, learned counsel for Sri.Abhilash Raju, learned counsel for the petitioner, Sri.Usman.P, learned counsel for the respondent No.1, Sri.Moinuddin for respondent No.2 and Sri.Mohammed Tahir, learned counsel for the respondent No.3.

6. Sri.Pratik Pany, learned counsel appearing for the petitioner, submitted that the premises in question has been given to the petitioner-Trust for the purpose of running the Educational Institution as per the Lease Deed produced at Annexure-C. It is also submitted by the learned counsel for the petitioner that, since the lease period has co