IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 15530 OF 2025 (GM-WAKF)

BETWEEN:

1. FAROOK U H

S/O U. H. IDDINABBA

AGED ABOUT 58 YEARS

NO.2-131/9, SEVANTHI GUDDE ROAD

KALLAPU, PERMANNURU

DAKSHINA KANNADA DISTRICT- 575017.

…petitioner

(BY SRI. RAKSHITH KUMAR., ADVOCATE)

AND:

1. THE KARNATAKA STATE BOARD OF AUQAF

AT NO.6, DARUL AUQAF

CUNNINGHAM ROAD BANGALORE 560 052

REP. BY ITS CHIEF EXECUTIVE OFFICER.

2. THE DISTRICT WAKF OFFICER

Digitally signed

by SHWETHA DAKSHINA KANNADA

RAGHAVENDRA THE KARNATAKA STATE BOARD

Location: HIGH OF AUQAF AT DISTRICT WAQF OFFICE

COURT OF

MINORITY WELFARE BHAVAN

KARNATAKA

2ND FLOOR, OLD KENT ROAD

PANDESHWAR, MANGALURU

DAKSHINA KANNADA DISTRICT – 575001.

…RESPONDENTS

(BY SRI. MOHAMMAD NIYAZ S., ADVOCATE FOR R1 AND R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF MANDAMUS OR ANY ORDER, DIRECTION OR OTHER APPROPRIATE ORDER TO DIRECT THE RESPONDENT NOS 1 AND 2 TO CONSIDER THE REPRESENTATIONS DATED:10.02.2025 AND 18.02.2025 RESPECTIVELY PRODUCED HERETO AS ANNEXURE-A

AND A-1 ISSUED BY PETITIONER AND OTHERS RESPECTIVELY 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 SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

i. A writ in the nature of Mandamus or any order, direction or other appropriate order to direct the Respondent Nos 1 and 2 to consider the representations dated 10/2/2025 and 18/2/2025 respectively produced hereto as Annexure-A and A-1 issued by Petitioner and others respectively;

ii. Consequently, direct the Respondents No.1 and 2 to hold the special meeting to move a no confidence motion against office bearers of Waqf Institution viz Ullal Juma Masjid and Sayyid Madani Dargah Ullal, as requested in Annexure-A and A-1 representations dated 18/2/2025 and 10/2/2025.

iii. Grant such other and further relief as deemed fit under the circumstances of the case.`

2. The grievance of the petitioner is that the representations submitted by the petitioner on 10.02.2025 and 18.02.2025 at Annexures-A and A1 have not been considered by respondents No.1 and 2 and it is in that background the petitioner is before this Court seeking for the aforesaid reliefs.

3. Learned counsel for respondent Nos.1 and 2 tries to contend that from and among the persons who had given representation, four persons who have signed the representation are bogus signatures and some (10) of them have allegedly ceased to be members of the Wakf since they have not attended the meetings. Lastly, he submits that the term of the Wakf itself is expiring in 30 days from now and as such, no action has been taken.

4. It is rather strange that the Wakf Board is taking such stand without having acted on the representations submitted by the members of the Wakf. The representations were submitted on 10.02.2025 and 18.02.2025. It was required that respondent No.2 to have taken action on the said representations. The manner in which the submissions have been made do not inspire any confidence and clearly and categorically indicate that respondent No.2 has virtually identified with the Wakf and has not taken any action. In that view of the matter, I pass the following:

ORDER

i) Wirt petition is allowed ii) A mandamus is issued directing respondent No.1 to act on the representations dated 10.02.2025 and 18.02.2025 forthwith and take necessary action in terms thereof within 30 days from the date of receipt of copy of this order.

iii) Respondent No.1 is also directed to cause an enquiry into the actions of respondent No.2 to ascertain the connection between respondent No.2 and Wakf and why Respondent No.2 has not acted on the representation and take necessary action against respondent No.2 if so required.

SD/-

(SURAJ GOVINDARAJ)

JUDGE PRS List No.: 1 Sl No.: 70