IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 52913 OF 2017 (GM-WAKF)

BETWEEN:

AL-MUBARAK EDUCATIONAL TRUST (REGD)., MUBARAK MOHALLA KEMPAIAH BLOCK, J.C. NAGAR BANGALORE - 560 006, REPRESENTED BY ITS SECRETARY.

…PETITIONER (BY SRI. NAVEED AHMED, ADVOCATE)

AND:

1. KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNINGHAM ROAD, BANGALORE - 560 052 REPRESENTED BY ITS Digitally signed by CHIEF EXECUTIVE OFFICER.

ARUNKUMAR M S Location: HIGH COURT OF 2. ENQUIRY OFFICER & WAQF OFFICER KARNATAKA DISTRICT WAQF ADVISORY COMMITTEE BANGALORE URBAN DISTRICT , NO.4-C, 2ND FLOOR, HHS & HMS COMPLEX, CUBBONPET, BANGALORE - 560 002.

3. MR. MOHAMMED JRAYATHULLA S/O ABDUL HAKEEM SAB, AGED ABOUT 58 YEARS R/AT NO. 26/C, ANKAPPA BLOCK, J.C. NAGAR, BANGALORE - 560 006.

4. MR. ABDUL SUBHAN S/O ABDUL KHALIQ, AGED ABOUT 52 YEARS R/AT NO.14, 3^RD CROSS, KEMPAIAH BLOCK, J.C. NAGAR, BANGALORE - 560 006.

…RESPONDENTS (BY SMT. SABAHATH SULTANA, ADVOCATE FOR R1 AND R2;

SRI. SYED IMRAN, ADVOCATE FOR R3 AND R4)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED CERTIFICATE OF REGISTRATION DATED 9.11.2017 ISSUED BY R-1 IN SO FOR AS INCLUSION OF ENGLISH SCHOOL SITUATED AT MUBARAK MOHALL, KEMPAIAH BLOCK, J.C. NAGAR, BANGALORE-6 IN IMPUGNED CERTIFICATE OF REGISTRATION AT ANNEX-A 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, the petitioner is assailing the Certificate of Registration dated 09.11.2017 issued by respondent No.1- Board insofar as including the English school situated at Mubarak Mohalla, Kempaiah Block, J.C.Nagar, Bangalore, in the impugned Certificate of Registration (Annexure-A), inter alia, sought for direction against respondent No.1-Board to delete the immovable properties as mentioned in the Certificate of Registration and to replace the name of the Managing Committee with the name of the "Board of Trustees of Al-

Mubarak Educational Trust" in column No.4 of Annexure-A. 2. I have heard the learned counsel appearing for the parties.

3. Sri Naveed Ahmed, learned counsel for the petitioner, invited the attention of the court to the Trust Deed dated 25.10.1979 (Annexure-B) and contended that the registered trust of the petitioner has been constituted for running educational institutions under the name of 'Al-Mubarak Educational Trust.' He further contended that the property belonged to the petitioner-institution. It is also submitted by the learned counsel for the petitioner that the Notification dated 07.06.2016 was challenged before this court in W.P.No.62060/2016 and this court, vide order dated 13.04.2017, quashed the Certificate of Registration dated 07.06.2016 and thereby relegated the parties to approach the District Waqf Officer for fresh consideration. Thereafter, respondent No.2, without considering the factual aspects on record, particularly with regard to the scope and ambit of Sections 36 and 40 of the Waqf Act, 1995 (for short, 'Act'), passed the impugned order at Annexure-A dated 09.11.2017, which requires to be interfered with in this petition.

4. It is the contention of the learned counsel for the petitioner that the impugned order is passed by exercising power under Section 36 of the Act, wherein Section 36 of the Act has to be invoked only at the instance of the application made by the Mutawalli and therefore, since the said application has not been made by the Mutawalli, respondent No.1 has no jurisdiction to pass the impugned order. He further invited the attention of the court to Section 40 of the Act and contended that respondent no.1-Board, has to consider the material on record and has to pass an order with regard to identifying the property as a Waqf property, and in the present case, the impugned order is passed by the Chief Executive Officer of the Karnataka