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.8374 OF 2023 (GM-WAKF)

BETWEEN:

MR.SHEIKH FAIYAZ ALI S/O SHEIKH HAJI ABBUBAKAR AGED ABOUT 50 YEARS R/AT NO.2-250, BAITHULA AYSHA

7^TH CROSS, YOJAN NAGARA YEDTHARE BYNDOOR UDUPI - 576 214 …PETITIONER (BY SRI. RAJASHEKAR S, ADVOCATE)

AND:

1. STATE OF KARNATAKA Digitally signed by MINORITY WELFARE DEPARTMENT ARUNKUMAR M S 2^ND FLOOR, VIKASA SOUDHA Location:

DR.B.R.AMBEKAR VEEDHI HIGH COURT OF BENGALURU - 560 001 KARNATAKA REP BY ITS SECRETARY

2. KARNATAKA STATE BOARD OF WAQF DARUL AUQAF, NO.6, CUNNINGHAM ROAD VASANTH NAGAR BENGALURU - 560 051 REP BY ITS PRESIDENT

3. DISTRICT WAKF ADVISORY COMMITTEE UDUPI DISTRICT UDUPI - 576104 REP BY ITS PRESIDENT

4. THE WAKF OFFICER CUM ENROLMENT OFFICER DISTRICT WAKF ADVISORY COMMITTEE, 1^ST FLOOR, A-BLOCK D.C.OFFICE COMPLEX RAJATADRI END POINT MANIPAL UDUPI DISTRICT - 576 104

5. JAMATUL MUSLIMEEN JAMIA MASJID MUSLIM STREET, BUNDOOR UDUPI DISTRICT - 576 214 REP. BY ITS CARE TAKER/

AUTHORIZED OFFICER SMT.NAZIA …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AGA FOR R.1;

SRI.P.S.MALIPATIL, ADVOCATE FOR R.2 TO R.5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD 28.02.2023 PASSED VIDE REFERENCE NO.JMB/ADM/13/

2022-23 PASSED BY THE R-5 VIDE ANNX-A AND ETC.

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

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

ORAL ORDER

Heard learned counsel appearing for the parties.

2. In this writ petition, the petitioner is assailing the order dated 28.02.2023 (Annexure-A) issued by the Wakf Officer, District Wakf Office, Udupi District.

3. Having taken note of the submission made by the learned counsel appearing for the parties and on careful consideration of the impugned order at Annexure-A, the same would indicate that as the District Wakf Officer of the District Wakf Office has taken a decision to appoint Janab Mohammad Siraj Bangi as Pesh Imam in the Masjid of respondent No.5 in the place of one Moulana Taiyab Hussain Noori Alim-A-Din, however, in the second paragraph of the impugned order, it is stated that at the oral instructions of the Karnataka State Wakf Board, the order of appointment is being withdrawn, which runs contrary to the earlier decision.

4. In that view of the matter, as there is ambiguity in the order dated 28.02.2023 and same is evident from the impugned order and as such, I find force in the submission made by the learned counsel for the petitioner. Accordingly, I proceed to pass the following;

ORDER

(i) The writ petition is allowed (ii) The order dated 28.02.2023 (Annexure-A) is hereby set-aside.

Sd/-

(E.S.INDIRESH)

JUDGE NBM List No.: 1 Sl No.: 17