IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2^ND DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109871 OF 2025 (LA-KIADB)

BETWEEN:

THE KARNATAKA STATE BOARD OF AUQAF DARUL AWKAF, NO.6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRI. MAAZUDDIN KHAN S/O. MOINUDDIN KHAN, …PETITIONER (BY SRI. J.S.SHETTY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY.

MA NJANNA

2. THE SPECIAL LAND ACQUISITION OFFICER E KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, Digitally signed by NO C.A.(1-B), GROUND FLOOR, MANJANNA E Location: HIGH COURT KARUR INDUSTRIAL AREA, P.B.ROAD, OF KARNATAKA DHARWAD BENCH Date: 2026.02.05 11:01:14 OPP. DISTRICT ADMINISTRATION BUILDING, +0530 DAVANAGERE-577006.

3. THE SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, NO 49, 4^TH AND 5^TH FLOOR, EAST WING, KANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001.

4. KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, NO.49, 4^TH AND 5^TH FLOOR, EAST WING, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001, BY ITS CHIEF EXECUTIVE OFFICER.

5. JAMIYA MASJID MENCHARI MENCHARI VILLAGE, BALLRI TALUK, BALLARI-583102, REPRESENTED BY ITS PRESIDENT.

6. MR. MUKTUM SAB SON OF ABDUL SAB, AGE: MAJOR, RESIDING AT SANJEEVARAYANAKOTE VILLAGE, BALLARI TALUK, BALLARI DISTRICT-583102.

7. CHAIRMAN DISTRICT WAKF BOARD COMMITTEE, FIRST RAILWAY GATE, KAUL BAJAR, BALLARI-583102.

…RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R3;

SMT. SHARMILA PATIL, ADVOCATE FOR R2 AND R4; SRI. A.S.ZUBAIR AHMED KHAN, ADVOCATE FOR R5;

SRI. SRINAND A.PACHHAPURE, SMT. PALLAVI S.PACHHAPURE AND SRI. RAJENDRA R.PATIL, ADVOCATES FOR C/R6)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER BEARING NO.KIADB/BHU.SWA(DA) VICHARANE/SANJEEVARAYANAKOTE/704/2024-25/598 DATED 6-11- 2025, PASSED BY THE RESPONDENT NO. 2, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE A AND ALSO THE LETTER NO.KA.KAI/PRA.MAM/KEMKA/BHUS.SWA/BA/2551/2025-26, DATED 9- 10-2025, ISSUED BY THE RESPONDENT NO.3, TO THE SECOND RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-B AND ETC.

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

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

1. This writ petition is filed by the Karnataka State Board of Waqf (Waqf) calling in question the legality of the proceedings and consequential orders passed by the Special Land Acquisition Officer, Karnataka Industrial Areas Development Board (SLAO), whereby compensation in respect of land bearing SY.No.88/3 measuring 4 acres, situated at Sanjeevarayanakote village, Ballari taluk and district has been ordered to be released in favour of respondent No.6.

2. Brief facts:

2.1. The land bearing Survey No.88/3 measuring 4 acres was acquired for the Industrial Corridor project under the Provisions of the Karnataka Industrial Areas Development Act, 1966 (“KIAD Act” for short), at the time of issuance of the preliminary and final notifications and during the acquisition proceedings, the revenue records mutation entries and RTC stood in the name of respondent No.6, who had purchased the property under a registered sale deed dated

11.08.1993.

2.2. Subsequently, the petitioner-Waqf Board raised an objection claiming that the land is a Waqf property on the basis of registration under Section 36 of the Waqf Act, 1995 (‘Waqf Act’ for short) and a gazette notification issued in the year 2021.

2.3. The SLAO conducted an enquiry limited to entitlement for compensation, considered the objection and passed the impugned orders holding that respondent No.6 is entitled to compensation. Aggrieved, the present writ petition is filed.

3. Contention of the petitioner:

3.1. Learned counsel for the petitioner submits that the land bearing Survey No.88/3 measuring 4 acres is a registered Waqf property belonging to