IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.103757 OF 2024 (GM-RES)

BETWEEN:

AKBAR MASJID SEVA SAMITI, ILKAL DISTRICT. BAGALKOT, REPRESENTED BY ITS MANAGING COMMITTEE PRESIDENT, SHRI. RAJ MOHMAD S/O. IMAM SAB KALLI, AGE. 37 YEARS, OCC. MECHANIC, R/O. WARD NO.5, KOWAL PETH, ILKAL, DIST. BAGALKOT-587125.

…PETITIONER (BY SRI. I.A. MULLA, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER, BAGALKOT, NAVA NAGAR, BAGALKOT-587125.

2. THE SUPERINTENDENT OF POLICE, BAGALKOT-587125.

Digitally signed by MOHANKUMAR B SHELAR 3. THE COMMISSIONER, Location: H IGH CITY MUNICIPAL COUNCIL, COURT OF KARNATAKA BAGALKOT, BAGALKOT-587125.

4. THE KARNATAKA STATE BOARD OF AUQAFS, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 6^TH CUNNINGHAM ROAD, BENGALURU-52.

5. BHAGYAVATI SAPPARAD W/O. SANJAY, AGE. 46 YEARS, OCC. HOUSE WIFE, R/O. NO.3728, KOUL PETH, WARD NO.5, ILKAL, TQ. ILKAL, DIST. BAGALKOT-587125. 6. DATTATREYA HANAMANTAPPA KENDULI S/O. HANAMANTAPPA, AGE. 39 YEARS, OCC. WAIVER, R/O. NO.3752, KOUL PETH, WARD NO.5, ILKAL, TQ. ILKAL, DIST. BAGALKOT-587125. 7. PARASHURAM CHILLAL S/O. VITTAPPA, AGE. 63 YEARS, OCC. WAIVER, R/O. NO.3755, KOUL PETH, WARD NO.5, ILKAL, TQ. ILKAL, DIST. BAGALKOT-587125.

8. SHIVAKUMAR SHAVI S/O. LATE MALLIKARJUN, AGE. 42 YEARS, OCC. WAIVER, R/O. NO.3752, KOUL PETH, WARD NO.5, ILKAL, TQ. ILKAL, DIST. BAGALKOT-587125.

9. RAVINDRA LAKKUNDI S/O. CHANDAPPA, AGE. 79 YEARS, OCC,. WAIVER, AGE. NEAR KOUL PETH, NEAR SAPPARAD HOUSE, WARD NO.5, ILKAL, TAL. ILKAL, DIST. BAGALKOT-587125.

10. GOPALKRISHNA SAPPARAD S/O. SHIVARAMAPPA, AGE. YEARS, OCC. SAREE BUSINESS, R/O. 886A/2/62, NEAR J.C. SCHOOL, WARD NO.2, ILKAL, TAL. ILKAL, DIST. BAGALKOT-587125.

…RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 AND R2;

SRI. SURESH S.SHETTAMMANAVAR, ADVOCATE FOR R3;

SRI. D.L. LADKHAN, ADVOCATE FOR R4;

SRI. AVINASH M.ANGADI, ADVOCATE FOR R5 TO R10)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (1) ISSUE A WRIT IN FORM OF MANDAMUS OR ANY OTHER FORM OF WRIT OR ORDER DIRECTING THE RESPONDENTS 1 TO 3 REFRAIN FROM OBSTRUCTING OF DAILY PRAYERS OF THE AKBAR MASJID SEVA SAMITI, MOSQUE OF THE PETITIONER-WAKF AND FURTHER TO PROTECT THE RELIGIOUS INSTITUTION OF THE PETITIONER-WAKF. (2) BY WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTIONS TO THE RESPONDENT NO.1 TO 3 OFFICIALS BE DIRECTED NOT TO TAKE UP ANY OTHER STEPS PREJUDICIAL AGAINST THE RELIGIOUS ACTIVITIES OF THE AKBAR MASJID SEVA SAMITI A MOSQUE AMOUNTING TO RELIGIOUS INTERFERENCE IN THE ACTIVITIES OF WHICH IS REGISTERED AS ANNEXURE-“C” BEFORE THE RESPONDENT NO.4-KARNATAKA STATE BOARD OF AUQAFS, BENGALURU ESTABLISHED UNDER THE PROVISIONS OF WAKF ACT, 1995.

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

ORAL ORDER

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

The petitioner filed this writ petition seeking a mandamus to respondent Nos.1 to 3 to refrain from obstructing of daily prayer of the Albar Masjid Seva Samiti Mosque of the petition Waqf and further to protect religious institution of the petitioner Wakf and also sought mandamus to respondent Nos.1 to 3 officials to not to take any steps prejudicial against the religious activities of the Akbar Masjid Seva Samiti a mosque amounting to religious interference in the activities of which is registered as Annexure-C before respondent No.4.

2. The issue involved in this case is squarely covered by the order passed by the Co-ordinate Bench of this Court in the case of Markazi Jamia Masjid Ahle Hadees Vs. The Deputy Commissioner, Bagalkot and Others, WP No.105216/2024, disposed of on 24.09.2024. The Government of Karnataka constituted District Level Task Force for the protection of Wakf properties in the State of Karnataka vide Government order dated 20.03.2017, and in case of any such grievances, the petitioner can approach the Task Force Committee. In the aforesaid order, the Co-ordinate Ben