HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 51367 OF 2019 (GM-WAKF)

C/W WRIT PETITION NO. 43473 OF 2019 (GM-WAKF)

IN WP No. 51367/2019 BETWEEN:

EIDGAH REGISTERED UNDER WAKF REPRESENTED BY ITS SECRETARY, MR. TAJ MOHAMMED KHAN, AGED ABOUT 71 YEARS, UMAR KHAYAM ROAD, TILAK NAGAR, (ANEGUNDI ROAD), MYSORE- 570 021, Digitally signed by …PETITIONER ARUNKUMAR M S Location: H IGH (BY SRI. LAKAMAPURMATH CHIDANANDAYYA., ADVOCATE)

COURT OF KARNATAKA AND:

KARNATAKA STATE BOARD OF WAKF REPRESENTED BY ITS ADMINISTRATOR MR. IBRAHIM ADOOR B I.A.S, DARULAUQAF, NO.6, CUNNINGHAM ROAD, BANGALORE- 560 052.

…RESPONDENT (BY SRI. D BASAVARAJA, ADVOCATE)

HC-KAR THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD WHICH ULTIMATELY RESULTS IN PASSING THE ORDER ANNX-A DATED 30.08.2019 PASSED BY THE RESPONDENT AND ANNX- A1 SCHEME IN FORM 42 ATTACHED ANNX-A. QUASH ORDER ANNX-A DATED 30.08.2019 PASSED BY THE RESPONDENT AND ANNX-A1 SCHEME IN FORM 42 ATTACHED ANNX-A AS THE SAME IS BEING ILLEGAL AND CONTRARY TO LAW.

IN WP NO. 43473/2019 BETWEEN:

EIDGAH A REGISTERED WAKF REPRESENTED ITS SECRETARY MR. TAJ MOHAMMED KHAN, AGED ABOUT 71 YEARS, UMAR KHAYAM ROAD, TILAK NAGAR (ANEGUNDI ROAD,)

MYSORE -570 021 ...PETITIONER (BY SRI. L M CHIDANANDAYYA, ADVOCATE)

AND:

1. KARNATAKA STATE BOARD OF WAKF REPRESENTED BY ITS ADMINISTRATOR MR IBRAHIM ADDOOR B. IAS DARULAUQAF, NO.6 CUNNINGHAM ROAD, BANGALORE- 560 052

2. SRI MUSTHAQAHAMED RETIRED ASST. EXECUTIVE ENGINEER MCC, MYSORE ADMINISTRATOR AND ENROLLMENT OFFICER EIDGAH, UMAR KHAYAM ROAD, HC-KAR TILAK NAGAR (ANEGUNDI ROAD)

MYSORE- 570 001 ...RESPONDENTS (BY SRI. MOHAMMAD NIYAZ.S., ADVOCATE)

THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORD WHICH ULTIMATELY RESULTS IN PASSING THE ANNEXURE-A DATED 20.08.2019 PASSED BY THE R-1;QUASH ANNEXURE-A DATED 20.08.2019 PASSED BY THE R-1;DECLARE THAT THE PROPOSAL TO INDUCT NEW MEMBERS IS CONTRARY TO THE SCHEME AND WITHOUT THE AUTHORITY OF LAW.

THESE PETITIONS, 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 WP No.43473/2019, the Petitioner is assailing the proceedings dated 20.08.2019 at Annexure-‘A’, wherein the respondent-Board appointed the retired Assistant Executive Engineer, Mysore City Corporation as Administrator for the management of Eidgah, Umar Khayam Road, Tilak Nagar, Mysore District in place of Mujibullah Zafari, Special Officer, who has resigned and to HC-KAR manage the day-to-day affairs of the Institution, inter alia, the petitioner has sought for direction to the respondent to induct new members in terms of the judgment of this Court in the case of M. SIRAJULLA KHAN AND ANOTHER VS. KARNATAKA STATE BOARD OF WAKFS, BANGALORE AND OTHERS, reported in ILR 2014 KAR

743.

2. In WP No.51367/2019, the petitioner is assailing the order dated 30.08.2019 at Annexue-‘A’, the proceedings in which, the scheme of management for the said Wakf Institution has been accepted under Section 32(2)(d) of the Wakf Act, 1995, (hereinafter referred to as the 'Wakf Act') read with Rule 48 of the Karnataka Wakf Rules, 2017 (hereinafter referred to as the 'Wakf Rules').

3. The brief facts necessary for adjudication of the aforesaid writ petitions are that, as observed in the writ petition that the petitioner's Institution has been dedicated for benefit of Hanafi Sunni Muslims, the Eidgah was HC-KAR formed by the Sunni Muslims of Mysore City. The scheme was prepared by all the members for the purpose of managing and administering the Eidgah and to conduct Eid prayers twice in a year, as per Annexure-‘B’ to the writ petition.

4. It is further stated that, the petitioner has made an application to the respondent-Board for approval of the scheme, as per the notification dated 01.04.1965 (Annexure-‘C’). It is also stated in the