##PAGE1##

- 1 -

NC: 2026:KHC-D:4398 WP No. 107968 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23^RD DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

WRIT PETITION NO.107968 OF 2025 (GM-WAKF)

BETWEEN:

THE MANAGING COMMITTEE, ANJUMAN-E-ESLAM COMMITTEE,

ILKAL TOWN AND TALUK, BAGALKOT DISTRICT-587103,

REPRESENTED BY ITS PRESIDENT, SRI. USMANGANI HUMNABAD.

…PETITIONER (BY SRI. A.S. ZUBAIR AHMED KHAN, ADVOCATE)

AND:

1. THE KARNATAKA STATE BOARD OF AUQAF DARUL AWKAF, NO.6 CUNNINGHAM ROAD,

BENGALURU-560 052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

MOHANKUMAR B SHELAR

2. THE DISTRICT WAQF OFFICER, DISTRICT WAQF OFFICE, BAGALKOT-587101.

Digitally signed by MOHANKUMAR B SHELAR 3. THE TAHSILDAR,

Date: 2026.04.06 HUNDGUND TALUK BAGALKOT DIST

12:06:04 +0530 AND ADMINISTRATOR, ANJUMAN-E-ISLAM COMMITTEE,

ILKAL TOWN AND TALUK, BAGALKOT DISTRICT-587103.

…RESPONDENTS

(BY SRI. B. MUHAMMED ALI, ADVOCATE FOR R1 AND R2; SRI. T. HANAMAREDDY, ADDL. GOVT. ADVOCATE FOR R3)

- 2 -

NC: 2026:KHC-D:4398 WP No. 107968 of 2025

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT OF CERTIORARI IN FAVOUR OF PETITIONER AND QUASH THE IMPUGNED ORDER DATED 22.09.2025 BEARING NO.KSBA/SOA/35/BGT/2025-26 PASSED BY RESPONDENT NO.1 PRODUCED AT ANNEXURE-A. B. ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO BOARD CONSIDER THE PROPOSAL FOR CONSTITUTION OF MANAGING COMMITTEE SUBMITTED BY THE PETITIONER WAQF INSTITUTION ON 03.05.2025 VIDE ANNEXURE-G. C. PASS ANY OTHER ORDER/S AS THIS HON’BLE AUTHORITY DEEMS FIT IN THE FACTS AND

CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE. 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)

1. The Petitioner filed this writ petition challenging the

order dated 22.09.2025 bearing No. KSBA/SOA/35/BGT/2025-26

passed by Respondent No. 1.

2. Brief facts leading rise to the filing of this Petition are

as follows :

3. The Petitioner Waqf Institution viz., Anjuman-e-islam

committee, Ilkal Town and Taluk, Bagalkot District is a Waqf Institution notified in the official gazette. The petitioner Institution is being managed by the management committee duly appointed by the Karnataka State of Aquaf vide order dated 30.03.2022. On 15.11.2024, 21.11.2024 and 29.11.2024 notices

- 3 -

NC: 2026:KHC-D:4398 WP No. 107968 of 2025

HC-KAR

were issued to General Body members for selection of office bearers. Further the General Body meeting was convened on 08.04.2025 for the constitution of the management committee. On 03.05.2025 the petitioner submitted a proposal for approval of the managing committee as proposed by the earlier management committee. Respondent No. 1 and 2 issued a communication stating that the approval will be given after approval of the scheme of administration. On 22.09.2025 Respondent No. 1 passed an order appointing the Tahalsildar Hungund Taluk, Bagalkot District , Respondent No. 3 herein,as the Administrator. Aggrieved by the same, the petitioner filed

this writ petition.

4. Respondent No. 1 filed a statement of objections

raising several grounds. It is contended that Respondent No. 1 has approved the scheme of Administration for the petitioner institution. It is contended that the petitioner has no locus standii to prefer this writ petition in the representative capacity. The outgoing committee failed to elect the succeeding committee prior to the expiry of its term. It is contended that the management and supervision of the Wqqf institution automatically vest with the concerned waqf officer or any other

- 4 -

NC: 2026:KHC-D:4398 WP No. 107968 of 2025

HC-KAR

officer authorized by the Board who shall carry out the duties and functions delegated by the Board. Further, the Administrator has assumed the charge of the Waqf Institution- petitioner institution on 29.09.2025. Accordingly, on these grounds, prays

to dismiss the petition.

5. Heard the a