Karnataka High Court
Lababeen Sunnath Jamath Mosque vs Karnataka State Board Of Auqaf on 14 March, 2025
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WA No. 1924 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT APPEAL NO. 1924 OF 2024 (GM-WAKF)
BETWEEN:
1. LABABEEN SUNNATH JAMATH
MOSQUE, SUNNI
RLY STATION ROAD, KADUR-577 548
CHIKKAMAGALURU DISTRICT
BY ITS SECRETARY.
...APPELLANT
(BY SRI. M.N. UMA SHANKAR, ADVOCATE)
AND:
1. KARNATAKA STATE BOARD OF AUQAF
Digitally signed "DARUL AUQAF", NO.6
by H K HEMA
CUNNINGHAM ROAD
Location: High
Court of BENGALURU-560 052
Karnataka
BY ITS CHIEF EXECUTIVE OFFICER.
2. THE DISTRICT WAQF ADVISORY COMMITTEE,
CHIKKAMAGALURU DISTRICT-577 101
BY ITS WAQF OFFICER.
3. THE CHIEF EXECUTIVE OFFICER
KARNATAKA BOARD OF AUQAF
NO.6, CUNNINGHAM ROAD
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WA No. 1924 of 2024
BENGALURU-560 052.
4. SRI SAGHEER KHAN
S/O HABIBULLA KHAN
AGED ABOUT 35 YEARS
R/AT WARD NO.22
K.M. ROAD, KADUR-577 548
CHIKKAMAGALURU DISTRICT.
5. SRI. FAIROZ KHAN
S/O AMEER JAN
AGED ABOUT 45 YEARS
WARD NO.18, YEMME DODDI ROAD
KADUR-577 548, CHIKKAMAGALURU DISTRICT.
6. SRI. NOORULLA
S/O MASTER AHMED
AGED ABOUT 37 YEARS
R/AT 1ST CROSS, MUDIYAPPA EXTN.
PATTANAGERE TALUK, KADUR-577 548
CHIKKAMAGALURU DISTRICT.
...RESPONDENTS
(BY SRI. S.MOHAMMAD NIYAZ, ADVOCATE FOR R1 & R3;
SRI. KALEEMULLAH SHARIFF, ADVOCATE FOR C/R4 TO R6
R2 IS SERVED & UNREPRESENTED)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE
JUDGMENT DATED 21.11.2024 IN WRIT PETITION
No.9869/2023 PASSED BY THE LEARNED SINGLE JUDGE, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WA No. 1924 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.I.ARUN)
Aggrieved by the order passed by in Writ Petition No.9869 of
2023, the writ appeal is filed by respondent No.3 therein.
2. For the sake of convenience, parties are referred to as per
the status in the writ petition.
3. Respondent No.3 is a Masjid. Respondent No.1 in exercise
of its powers conferred under Section 69(1) of the Waqf Act, 1995
accorded approval for the Scheme of Administration of respondent
No.3-Masjid. Aggrieved by the same, the petitioners preferred Writ
Petition No.9869 of 2023.
4. It is the contention of the petitioners that subsequent to the
general body meeting held on 19.08.2022, eleven names were
recommended by the Secretary of respondent No.3-Masjid to the
jurisdictional Waqf Officer to constitute a Managing Committee of
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respondent No.3-Masjid. A copy of the letter dated 29.08.2022 is
produced as Annexure-F to the writ petition. However,
subsequently, by order dated 30.03.2023 vide Annexure-P to the
writ petition, a different set of eleven members have been
appointed by the Managing Committee of respondent No.3-Masjid
by respondent No.1. Aggrieved by the same, Writ Petition No.9869
of 2023 has been preferred by the petitioners therein.
5. Learned Single Judge on the ground that there is a
difference between recommendations made by the General Body
of respondent No.3-Masjid and the persons appointed to manage
the affairs of respondent No.3-Masjid by respondent No.1, set
aside the impugned order dated 30.03.2023 passed by respondent
No.1 vide Annexure-P to the writ petition. Aggrieved by the same,
present writ appeal is filed.
6. The secretary of respondent No.3-Masjid wrote a letter to the
jurisdictional Waqf Officer including the list of members chosen to
be part of the Managing Committee by the General Body of
respondent No.3-Masjid. Thereafter, it is seen that objections are
called for to the said proposal by the jurisdictional District Waqf
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Officer and subsequent to the said objections, impugned order in
the writ petition dated 30.03.2023 (vide Annexure-P to the writ
petition) was passed, wherein, a different set of eleven members
have been chosen as part of the Managing Committee. It is also
seen that the dispute between the parties has also resulted in
District Waqf Officer, Chikkamagaluru being appointed as the
caretaker for the Management of respondent No.3-Masjid and he
has assumed charges on 07.02.2023 (vide Annexure-J to the writ
petition). The aforementioned facts are undisputed. Presently,
Masjid is being administered by the caretaker.
7. During the course of arguments, all the contesting parties
submitted that they would be satisfied, if it is ordered that a fresh
General Body Meeting be conducted and the members are chosen
for managing affairs of respondent No.3.
8. Admittedly, presently respondent No.3-Masjid is being
administered by a caretaker, who is the District Waqf Officer with
effect from 07.02.2023. For various reasons both sets of names
suggested as per the General Body Resolution had not been given
effect to and all the contesting parties are desirous of choosing the
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necessary Committee by holding a fresh General Body, which our
opinion given the peculiar facts and circumstances of the case
would meet the ends of justice. Hence, the following,
ORDER
i. The writ appeal is allowed;
ii. The impugned order passed in Writ Petition No.9869
of 2023 is hereby set aside;
iii. The Waqf Officer/caretaker of respondent No.3-
Masjid is hereby directed to hold the General Body
Meeting of respondent No.3-Masjid members and
facilitate the election of Committee members. The
said exercise shall be completed within a period of
three months from the date of receipt of a certified
copy of this judgment.
iv. The order of learned Single Judge stands modified
accordingly.
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In view of disposal of the appeal, any interlocutory
application that may be pending, would not survive and stands
accordingly disposed of.
SD/-
(N. V. ANJARIA)
CHIEF JUSTICE
SD/-
(M.I.ARUN)
JUDGE
PGG
