Public authorities have a legal obligation to consider and pass appropriate orders on representations submitted by parties regarding the protection and demarcation of notified Waqf properties.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE A WRIT OF MANDAMUS OR SUCH OTHER ORDER OR DIRECTIONS DIRECTING THE RESPONDENT NOS.1 TO 7 TO CONSIDER THE REPRESENTATION OF THE PETITIONER AT ANNEXURE-F DATED 10.01.2026 FORTHWITH AND PAVE WAY FOR SMOOTH PERFORMANCE OF RAMZAN PRAYER BY THE MUSLIM PEOPLE IN THE IDGAH MAIDAN LOCATED IN KALASA VILLAGE, SY.NO.249/A+1B/2 MEASURING 2 ACRES 14 GUNTAS AND SY.NO.249/2A+1B/1 MEASURING 3 ACRES 22 GUNTAS, THE PETITION PROPERTY, WHICH IS A DESIGNATED WAQF PROPERTY, IN THE INTEREST OF JUSTICE AND EQUITY. (B) ISSUE SUCH OTHER ORDER OR DIRECTIONS AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

This writ petition is filed by the petitioner seeking writ of mandamus directing respondent Nos.1 to 7 to consider the representation of the petitioner at Annexure-F dated 10.01.2026 forthwith and pave way for smooth performance of Ramzan prayer by the Muslim people in the Idgah Maidan located in Kalasa village, Sy.No.249/A+1B/2 measuring 2 acres 14 guntas and Sy.No.249/2A+1B/1 measuring 3 acres 22 guntas, the petition properties, which are designated as Waqf properties.

Brief facts leading rise to the filing of this writ petition are as follows:

The properties referred above were notified as a Wakf property through a Karnataka Gazette notification dated 18.08.1979, vide Annexure-A. The Board of Auqaf, Bengaluru, constituted a Committee vide order dated 21.11.2002 comprising 11 members for the management of Anjuman-E-Islam (Sunni), Kalas Village, Kundagol Taluk, Dharwad District. Subsequently, the Government of Karnataka issued a Government Order dated 10.05.2013 constituting District-Level Committees to oversee the protection of Waqf properties.

The petitioner submitted a representation to the respondents through its President to measure the properties referred above and fix the boundaries to enable the Muslim community to perform prayers in the Idgah located in the properties referred above to avoid any untoward incidents from the miscreants. The representation was submitted on 10.01.2026, and till date, the respondents have not passed any order on the representation submitted by the petitioner. Hence, this writ petition.

Heard the arguments of the learned counsel for the petitioner and learned AGA for the respondents.

Learned counsel for the petitioner submits that the properties in question have been notified as a Waqf properties by notification dated 18.08.1979, vide Annexure-A. He further submits that the members of the Muslim community have been offering prayers on the said property during Ramzan and Bakrid. It is submitted that certain miscreants are attempting to create nuisance at the time of offering prayers during Ramzan. To avoid any untoward incidents, the petitioner submitted a representation to the respondents. However, the respondents have not considered the said representation. Therefore, he submits that a direction may be issued to the respondents to provide protection and to ensure that no law and order situation arises. Therefore, on these grounds, he prays that the writ petition be allowed.

Per contra, learned AGA submits that, if reasonable time is granted, the respondents will consider the representation, and pass appropriate orders, in accordance with law.

Perused the records and considered the submissions of the learned counsel for the parties.

Admittedly, the properties referred above were notified as a Wakf properties vide Karnataka Gazette Notification dated 18.08.1979. The Board of Auqaf, Bengaluru, vide order dated 21.11.2002, constituted a Committee comprising 11 members for the management of Anjuman-E-Islam (Sunni), Kalas Village, Kundagol Taluk, Dharwad District. The Government