Karnataka High Court
Syed Mrutuza Hussaini S/O Syed Mahmood ... vs The State Of Karnataka And Ors on 6 March, 2026
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2026:KHC-K:2169
WP No. 200348 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 200348 OF 2022 (GM-WAKF)
BETWEEN:
SYED MRUTUZA HUSSAINI
S/O SYED MAHMOOD HUSSAINI,
AGE: 47 YEARS,
OCC: HEREDITARY SAJJAD NASHIN AND
MANAGING MUTAVALLI,
DARGA HAZARATH HASHIMPEER, BIJAPUR,
R/O: CTS NO.1925, NEXT TO HAZARAT
HASHIMPEER DARGA,
VIJAYAPURA - 586 101.
...PETITIONER
(BY SRI D.P.AMBEKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed REPRESENTED BY ITS SECRETARY,
by B NAGAVENI DEPARTMENT OF MINORITIES WELFARE,
Location: HIGH HAJ AND WAKF, M.S. BUILDING,
COURT OF BENGALURU - 560 001.
KARNATAKA
2. THE CHIEF EXECUTIVE OFFICER,
THE KARNATAKA STATE BOARD OF AUQAF,
DARUL AKAF NO.6, CUNNINGHAM ROAD,
BENGALURU - 560 052.
3. THE KARNATAKA STATE BOARD OF AUQAF
DARUL AKAF NO.6, CUNNINGHAM ROAD,
BENGALURU - 560 052.
REPRESENTED BY ITS CHAIRMAN.
4. THE ASSISTANT SECRETARY (ADM)
THE KARNATAKA STATE BOARD OF AUQAF,
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NC: 2026:KHC-K:2169
WP No. 200348 of 2022
HC-KAR
DARUL AKAF NO.6, CUNNINGHAM ROAD,
BENGALURU - 560 052.
5. SYED MOINUDDIN HUSSAINI
S/O SYED SHAH HASHIM HUSSAINI,
AGE: 57 YEARS,
OCC: LECTURER IN BLDEA COLLEGE,
R/O: CTS NO.1924, NEXT TO HAZARAT
HASHIMPEER DARGA,
VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SMT MAYA T.R, HCGP FOR R1;
SRI LIYAQUAT FAREED USTAD, ADVOCATE FOR R2 TO R4;
SRI GANESH S.KALBURGI, ADVOCATE FOR C/R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF
CERTIORARI QUASHING ANNEXURE-Q, VIZ, THE RESOLUTION AT
SUBJECT NO.6(10) PASSED IN THE MEETING HELD ON 18.12.2021
AT 11.00 AM, BY THE RESPONDENT NO.2.
B) ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF
CERTIORARI QUASHING ANNEXURE-R, VIZ, THE ORDER DATED
13.01.2022 BEARING NO. ORDER NO.TW/CMC/60/BJR/2000-001
PASSED BY THE RESPONDENT NO.2.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
a) Issue a writ, order or direction in nature of certiorari quashing Annexure-Q, viz, the Resolution at Subject No.6(10) passed in the meeting held on 18.12.2021 at 11:00 AM, by the respondent No.3;
b) Issue a writ, order or direction in nature of certiorari quashing Annexure-R, viz, the order dated 13.01.2022 -3- NC: 2026:KHC-K:2169 WP No. 200348 of 2022 HC-KAR bearing No.Order No.TW/CMC/60/BJR/2000-001 passed by the respondent No.2;
c) Such further or other reliefs be granted to which the petitioner would be found entitled to on the facts and circumstances of the case.
2. On an earlier occasion, by order dated 01.07.2014, the Wakf Board had made an interim arrangement permitting the petitioner and respondent No.5 to conduct and manage the affairs of Dargah Hazrath Hasham Peer for a period of three months. The said order was challenged in W.P. No.203733/2014, which came to be allowed by this Court by order dated 24.07.2014, whereby the said order was set aside and the parties were directed to maintain status quo until the Wakf Tribunal rendered its decision in the matter. Thereafter, the Wakf Tribunal, by its judgment dated 01.08.2014, dismissed the application filed by respondent No.5 and allowed the application filed by the petitioner, consequently setting aside the order dated 18.04.1995 passed by the Wakf Board.
3. Subsequently, once again, by order dated 13.01.2022, the Wakf Board directed the petitioner and respondent No.5 to look after the affairs of the Wakf institution for a period of three months each, subject to the outcome of W.P. No.204571/2014 and -4- NC: 2026:KHC-K:2169 WP No. 200348 of 2022 HC-KAR W.P. No.204572/2014. The said writ petitions were thereafter disposed of by remanding the matter to the Wakf Tribunal for fresh consideration.
4. Thereafter a joint memo was filed which reads as under:
"Herein, the Joint Memo of Applicant and Respondent No.3 is as under.
1. The Applicant is hereditary Sajada- Nasheen/Mutawalli of Dargah Hazarth Hashim Peer, Vijayapur under the Gazette Notification under order No.KTW/CMC/60/BJR/2000-01, dt: 11-11-2001 (11-12- 2001). Since 2001 till date the Applicant is managing the entire affairs of the said Dargah. Whereas, the Respondent No 3 filed the suit for injunction before this Hon'ble Tribunal bearing O.S No. KWT/BJR/SR-6/2010, claiming himself to be the Biradar Sajada-Nasheen, which came to be dismissed on 22-07-2011. Being aggrieved by the same the Respondent No 3 filed W.P No 82842/2011, before the Hon'ble High Court of Karnataka, Kalburgi Bench, which was later withdrawn on 03-08-2012, by seeking liberty to question the Applicant's Appointment as hereditary Sajada-
Nasheen/Mutawalli of Dargah Hazarth Hashim Peer, Vijayapur.
2. Accordingly the Respondent No 3 filed Application No. 6/2012 before this Hon'ble Tribunal questioning the appointment of the Applicant as hereditary Sajada- Nasheen/Mutawalli. Whereas, the Applicant also challenged the 3rd Respondent's so called Appointment as Biradar-Sajjada Nasheen under Application No.8/2010 before this Hon'ble Tribunal. This Hon'ble Tribunal by its order dt: 01-08-2014 allowed the application filed by the Applicant bearing Application No. 8/2010 and dismissed the application filed by the Respondent No 3 bearing Application No. 6/2012. Being aggrieved by the same the Respondent No 3 filed WP No. 204571/2014 & 204572/2014 before the Hon'ble High Court of Karnataka, Kalburgi Bench. The Hon'ble -5- NC: 2026:KHC-K:2169 WP No. 200348 of 2022 HC-KAR High Court by its order dt: 13-03-2024 remanded the matter to this Tribunal for fresh enquiry. This order of single judge was challenged by the Applicant in Writ Appeal No. 200094/2024, wherein the order of the single judge of the Hon'ble High Court was modified and both the cases are remanded to this Hon'ble Tribunal. However, the status of the Applicant as Hereditary Sajjada-Nasheen/Mutawalll of Dargah Hazrat Hashim peer, Vijayapur and his control, management and lawful possession over the said Dargah is upheld by all the Courts.
3. Now, both the parties with the intervention of elderly persons of the community and to maintain cordial relation have settled the dispute in the following terms.,
(i) On every year during 6th and 7th day of Ramzan month, the Urus of the Holy saint Hazrat Hashim 'Peer is celebrated under the leadership of the Applicant, who is hereditary Sajjada-Nasheen/Mutawalli of said Dargah. This Urus involves many religious activities to be performed by the Applicant. The Respondent No 3 seeks participation along with the Applicant those two days of Urus by following the Applicant.
The activities on the 6th day of Ramzan is as under:
(a) On 6th day of Ramzan, the activities involves the bringing of Toras (Made of Flowers) from the House of Applicant Sayed Murtuza Hussaini and the same are carried towards Gadi Mahal and kept on right side of the Gadi Mahal followed by the Toras of the disciples of Dargah.
(b) Immediate there after Applicant Sayed Murtuza Hussaini Sajjad-Nasheen to permit Respondent No 3 Sayed Moinuddin Hussaini to bring toras from his house and to keep in Gadi Mahal followed by toras of his children and his disciples.
(c) Thereafter, there will be Fatheha by the Applicant (Recitation of Quran verses) in the presence of Respondent No 3 and the disciples. Soon after completion of Fatheha, the Toras of the both parties will be carried from Gadi Mahal and they will be put on the Tomb of the Dargah. This concludes the activities of 6th -6- NC: 2026:KHC-K:2169 WP No. 200348 of 2022 HC-KAR day of Ramzan and thereafter both the parties will go to their respective residences with disciples.
The activities of the Urus on 7th day of Ramzan are as under:
(a) On 7th day of Ramzan at midnight the Applicant Sayed Murtuza Hussaini will wear the Holy Quilt (Ghodadi) at his residence and come along with his family members disciples, devotees, Khulfas and Murids to dargah, they will proceed towards Gadi Mahal and enter the room on the right side of the Katta at Gadi Mahal. Immediate thereafter, he will come.out from the said room and proceeds towards Dargah with his family members, khulfas and disciples.
(b) The Applicant further to permit Respondent No 3 Sayed 174ddin Hussaini to come from his residence directly to Dargah.
(c) The Applicant Sayed Murtuza Hussaini will first enter the Dargah and immediate there after the Respondent No 3 Sayed Moinuddin Hussaini will enter the Dargah.
(d) Thereafter, the family members and relatives of Applicant and children of Respondent No 3, their disciples, Khulfas, devotees and Murids will enter the dargah. It is the first privilege of the Applicant Sayed Murtuza Hussaini to apply the 'Sandal' to the Holy grave of Hazarat Hashimpeer. There after permit the Respondent No 3 Sayed Moinuddin Hussaini to apply 'Sandal'. Subsequently, the family members and relatives of Applicant Sayed Murtuza Hussaini and the children of Respondent No 3 Sayed Moinuddin Hussaini will apply the 'Sandal'. There after the disciples and Khulfas of the both sides will apply the Sandal'. Later on, there will be fatheha in the dargah chanted by the Applicant Sayed Murtuza Hussaini. After conclusion of the Fatheha, the Applicant Sayed Murtuza Hussaini will return to Gadi Mahal with his family members and disciples. Thereafter the Respondent No 3 Sayed Moinuddin Hussaini shall go to house with his children and disciples.
4. The status of the Applicant as a hereditary Sajjada Nasheen and Mutawalli of Dargah Hazarth -7- NC: 2026:KHC-K:2169 WP No. 200348 of 2022 HC-KAR Hashim Peers Vijayapur will continue as usual, who will manage the entire day today affairs of Dargah Hazarth Hashim Peer, Vijayapur.
5. Further the name of Sayed Murtuza S/o Sayed Mahmood Hussiani Sajjada-Nasheen/Mutawalli shall be continued in the CTS Records of CTS No 1923 of Vijayapur, as it is continued and maintained since from 1914 referring the name of Sajjada-Nasheen/Mutawalli.
6. In view of the terms of joint memo, the impugned order passed in No. KWT/CMC/28/BJR/93-94, dt: 18- 04-01995, is set-asided.
7. The terms of this joint memo are read over and explained to the Applicant and Respondent No 3 in their vernacular and the same are admitted by both as true and correct.
Therefore it is most humbly prayed that, the joint memo filed by the parties may kindly accepted and the above noted petition may kindly be disposed off in terms of the joint memo, in the interest of justice and equity."
5. Recording the said compromise, the joint memo was accepted and the Tribunal disposed the said proceedings on 03.02.2026. The earlier order dated 08.04.1995 has been set aside.
6. In that view of the matter, the challenge which has been made does not survive for consideration and the parties would be bound by the orders passed by the Wakf Tribunal dated 03.02.2026 in KWT/BJR/APPLICATION No.8/2010.
7. With above observation, the petition stands disposed off. The order which has been impugned -8- NC: 2026:KHC-K:2169 WP No. 200348 of 2022 HC-KAR in the present proceedings being a subsequent consequential order dated 13.01.2022, could also therefore not survive. Hence, the said order at Annexure-R is also set aside.
8. Further, it is the submission of the learned counsel for the Wakf Board that he has challenged the order passed by the Wakf Tribunal. If that be so, all the contentions are kept open to be decided in those proceedings.
Sd/-
(SURAJ GOVINDARAJ) JUDGE THM List No.: 1 Sl No.: 23