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 Bench of this Court has, in paragraph No.9, held as follows:

“9. Having perused the order passed by this Court, as well as the contents of the writ petition, as well as the submission of the counsel for the respondents and no any notices are issued to the petitioner not to do any such prayer and respondent Nos. 1 and 2 also denies any such interference and apart from that, learned AGA also relies upon the proceedings of the Government of Karnataka and Committee is also constituted in order to protect the Wakf properties in the State and Task Force is also set up under the chairmanship of the Deputy Commissioner and District Magistrate and the Superintendent of Police of the District is also a member and relief is also sought against the Deputy Commissioner as well as Superintendent of Police. When they themselves are members to the constitution of State and District Level Task Force for the protection of Wakf properties in the State of Karnataka, they would have approached the respondent Nos.1 and 2 and having approached the respondent Nos.1 and 2, also not placed any material before the Court and there is only an apprehension and only submits that Police are coming near the mosque and in absence of any notice, question of granting such writ of mandamus does not arise. However, petitioner is given liberty to approach the respondent Nos.1 and 2 since both of them are the members of the task force for the protection of Wakf properties in the State of Karnataka and they can redress their grievances with the Chairman who is the Deputy Commissioner and the Superintendent of Police is also a member, even Chief Executive Officer, Zilla Panchayat is also a member and Assistant Commissioner of the concerned sub-division are also member and Director of Land Records and City Survey Officers of the District are also members. Hence, the petitioner can redress their grievances before the Committee.”