Karnataka High Court
The Enquiry Officer And The Chief ... vs Masjid E Mahal Kallan And Anr on 15 December, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
-1-
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
CIVIL REVISION PETITION NO. 200015 OF 2023 (RES)
C/W
CIVIL REVISION PETITION NO. 200016 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200017 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200022 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200024 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200025 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200028 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200038 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200039 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200040 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200041 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200042 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200044 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200046 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200047 OF 2023 (RES)
Digitally signed by CIVIL REVISION PETITION NO. 200048 OF 2023 (RES)
SHIVALEELA
DATTATRAYA UDAGI CIVIL REVISION PETITION NO. 200049 OF 2023 (RES)
Location: HIGH CIVIL REVISION PETITION NO. 200050 OF 2023 (RES)
COURT OF
KARNATAKA CIVIL REVISION PETITION NO. 200051 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200053 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200055 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200057 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200058 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200065 OF 2023 (RES)
CIVIL REVISION PETITION NO. 200067 OF 2023 (RES)
-2-
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP No. 200015/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6, CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-VAKKALGERA
(MASJID -E-MAQBARA),
DARGAH ROAD, KALABURAGI,
KALABURAGI DISTRICT- 585 101,
REPRESENTED BY ITS MUTHAWALLI.
2. SMT. LAKSHMI BAI W/O EKNATH,
AGED: MAJOR,
R/O. H.B NO. 7-772,
MOMINPURA GUNJ ROAD,
VAKKALGERA KALABURAGI TALUK
KALABURAGI- 585101.
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2
IS DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO.80/2021 BEFORE THE HON'BLE KARNATAKA
WAQF TRIBUNAL, KALABURGI DIVISION, KALABURGI
PRODUCED AT ANNEXURE-A BY DIRECTING THE HON'BLE
KARNATAKA WAQF TRIBUNAL TO RESTORE THE APPLICATION
NO.80/2021 TO CONTINUE THE PROCEEDINGS. AND TO PASS
SUCH OTHER ORDER/S AS THIS HON'BLE COURT MAY DEEMS
FIT IN THE FACTS AND CIRCUMSTANCE OF THE CASE.
-3-
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200016/2023
BETWEEN:
ENQUIRY OFFICER
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN
AFZALPUR VILLAGE,
AFZALPUR TALUK,
KALABURAGI DISTRICT,
KALABURAGI- 585104.
2. SRI MOHAMMED SOND ABDUL NAGARCHI,
AGED: MAJOR,
S/O NOT KNOWN TO THE PETITIONER,
R/O PLOT NO. 53, PANCHAYAT,
NO.2-3-70/53, SITUATED AT
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI- 585104.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
83(9) OF WAQF ACT, 1995, PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO.41/2021 BEFORE THE HON'BLE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANNEXURE-A BY DIRECTING
THE HONOURABLE WAQF TRIBUNAL TO RESTORE THE
APPLICATION NO.41/2021 TO CONTINUE THE
PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S AS
-4-
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
THIS HON'BLE COURT MAY DEEMS FIT IN THE FACTS AND
CIRCUMSTANCE OF THE CASE.
IN CRP NO. 200017/2023
BETWEEN:
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF, NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. SRI SUJEBI REHMAN ABDUL AZIZ PATEL
AGED MAJOR,
S/O NOT KNOWN TO THE PETITIONER,
R/O PLOT NO. 7, MUNICIPAL,
NO. 2-3-70/7. SITUATED AT,
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI- 585104.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT, 1995, PRAYING TO SET
ASIDE THE IMPUGNED ORDERS DATED 22.04.2022 PASSED
IN APPLICATION NO.38/2021 BEFORE THE HON'BLE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANNEXURE-A BY DIRECTING
THE HON'BLE KARNATAKA WAQF TRIBUNAL TO RESTORE
THE APPLICATION NO.38/2021 TO CONTINUE THE
PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S AS
-5-
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
THIS HON'BLE COURT MAY DEEMS FIT IN THE FACTS AND
CIRCUMSTANCE OF THE CASE.
IN CRP NO. 200022/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF, NO.6 CUNNINGHAM ROAD,
BENGALURU 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. SRI KAREEM SAB KHADER SAB SHAIK,
AGED: MAJOR,
S/O NOT KNOWN TO THE PETITIONER,
R/O PLOT NO. 101,MUNICIPAL,
NO.2-3-70/101 SITUATED AT
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI- 585104.
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 63/2021 BEFORE THE KARNATAKA WAQF
TRIBUNAL, KALABURGI DIVISION, KALABURGI PRODUCED
AT ANNEXURE-A BY DIRECTING THE HON'BLE KARNATAKA
WAQF TRIBUNAL TO RESTORE THE APPLICATION NO.
63/2021 TO CONTINUE THE PROCEEDINGS. AND TO PASS
SUCH OTHER ORDERS/S AS THIS HON'BLE COURT MAY
-6-
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
DEEMS FIT IN THE FACTS AND CIRCUMSTANCE OF THE
CASE.
IN CRP NO. 200024/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF, NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585 104.
2. SRI NUJUB REHMAN AZIZ PATEL
AGED: MAJOR,
S/O KNOWN TO THE PETITONER,
R/O PLOT NO. 17 MUNICIPAL,
NO. 2-3-70/17 SITUATED AT,
AFZALPUR TOWN, AFZALPUR TALUK
KALABURAGI- 585104.
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT1995, OF THE CPC, BY THE
ADVOCATE FOR REVISION PETITIONER PRAYING THAT THIS
HONBLE COURT TO PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATED 22-04-2022 PASSED IN
APPLICATION NO. 37/2021 BEFORE THE HON'BLE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANENXURE-A BY DIRECTING
THE HON'BLE KARNATAKA WAQF TRIBUNAL TO RESTORE
THE APPLICATION NO. 37/2021 TO CONTINUE THE
-7-
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
PROCEEDINGS. AND TO PASS SUCH THERE ORDER/S AS
THIS HON'BLE COURT MAY DEEMS FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
IN CRP NO. 200025/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF, NO.6, CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. SRI YAKUB SAB ABDUL KAREEM TOTEKAR,
AGED: MAJOR,
S/O NOT KNOWN TO THE PETITONER,
R/O PLOT NO.05, PANCHAYAT,
NO. 2-3-70/05, SITUATED AT
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI 585104
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION83(9) OF WAQF ACT1995, OF THE CPC, PRAYING
TO SET ASIDE THE IMPUGNED ORDERS DATED 22-04-2022
PASSED IN APPLICATION NO. 67/2021 BEFORE THE
HON'BLE KARNATAKA WAQF TRIBUNAL, KALABURGI
DIVISION, KALABURGI PRODUCED AT ANENXURE-A BY
DIRECTING THE HON'BLE KARNATAKA WAQF TRIBUNAL TO
RESTORE THE APPLICATION NO. 67/2021 TO CONTINUE
THE PROCEEDINGS. AND TO PASS SUCH THERE ORDER/S
-8-
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
AS THIS HON'BLE COURT MAY DEEMS FIT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE.
IN CRP NO. 200028/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD OF AUQAF,
DARULAWKAF, NO.6, CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. JAMIA MASJID AND HAZRATH PEER (SUNNI),
GADIKESHWAR VILLAGE, CHINCHOLI TALUK,
KALABURAGI DISTRICT- 585 307,
REPRESENTED BY ITS MUTHAWALLI.
2. SRI MAHMOOD MIYA S/O KHAJA MIYA,
AGED: MAJOR,
R/O OF BIRNALI, POST. SULEPETH,
CHINCHOLI TALUK, KALABURAGI- 585307.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83 (9) OF WAQF ACT, PRAYING TO SET ASIDE
THE IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 81/2021 BEFORE THE KARNATAKA WAQF
TRIBUNAL, KALABURGI DIVISION, KALABURGI PRODUCED
AT ANNEXURE-A BY DIRECTING THE KARNATAKA WAQF
TRIBUNAL TO RESTORE THE APPLICATION NO. 81/2021 TO
CONTINUE THE PROCEEDINGS. AND TO PASS SUCH OTHER
ORDER/S AS THIS HON'BLE COURT MAY DEEMS FIT IN THE
FACTS AND CIRCUMSTANCE OF THE CASE.
-9-
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200038/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6, CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID- E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. SRI RAFEEK ABDUL SAB JAWALI
AGED MAJOR,
S/O NOT KNOWN TO THE PETITIONER,
R/O PLOT NO. 95, PANCHAYAT,
NO. 2-3-70/95 SITUATED AT
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI 585104
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTCIE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
83(9) OF WAQF ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 22.04.2022 PASSED IN
APPLICATION NO. 58/2021 BEFORE THE KARNATAKA
WAQF TRIBUNAL KALABURAGI DIVISION, KALABURAGI
PRODUCED AT ANNEXURE-A BY DIRECTING THE
KARNATAKA WAQF TRIBUNAL TO RESTORE THE
APPLICATION NO. 58/2021 TO CONTINUE THE
PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S AS
THIS HON'BLE COURT MAY DEEMS FIT IN THE FACTS AND
CIRCUMSTANCE OF THE CASE.
- 10 -
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200039/2023
BETWEEN:
THE CHIEF EXECUTIVE OFFICER
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. SRI RAVUTAPPA NINGAPPA BALLURGI,
AGED: MAJOR,
S/O NOT KNOWN TO THE PETITIONER.
R/O PLOT NO. 81, PANCHAYAT
NO. 2-3-70/81 SITUATED AT.
AFZALPUR TOWN, AFZALPUR TALUK,
KALBURAGI- 585104.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT, PRAYING TO SET ASIDE
THE IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 44/2021 BEFORE KARNATAKA WAQF
TRIBUNAL, KALABURGI DIVISION, KALABURGI PRODUCED
AT ANNEXURE-A BY DIRECTING THE KARNATAKA WAQF
TRIBUNAL TO RESTORE THE APPLICATION NO. 44/2021 TO
CONTINUE THE PROCEEDINGS. AND TO PASS SUCH OTHER
ORDER/S AS THIS HON'BLE COURT MAY DEEMS FIT IN THE
FACTS AND CIRCUMSTANCE OF THE CASE.
- 11 -
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200040/2023
BETWEEN:
THE CHIEF EXECUTIVE OFFICER
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM, ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. SMT. LALITABAI SIDDAPPA JAMADDAR,
AGED MAJOR,
W/O NOT KNOWN TO THE PETITIONER,
R/O PLOT NO. 80, PANCHAYAT
NO. 2-3-70/80 SITUATED AT,
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI- 585104.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 22.04.2022 PASSED IN
APPLICATION NO. 69/2021 BEFORE THE HON'BLE
KARNATAKA WAQF TRIBUNAL KALABURAGI DIVISION,
KALABURAGI PRODUCED AT ANNEXURE A BY DIRECTING
THE HON'BLE KARNATAKA WAQF TRIBUNAL TO RESTORE
THE APPLICATION NO. 69/2021 TO CONTINUE THE
PROCEEDINGS AND TO PASS SUCH OTHER ORDER/S AS
THIS HON'BLE COURT MAY DEEMS FIT IN THE FACTS AND
CIRCUMSTANCE OF THE CASE.
- 12 -
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200041/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6, CUNNINGHAM, ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. JAMIA MASJID AND HAZRATH PEER (SUNNI),
GADIKESHWAR VILLAGE, CHINCHOLI TALUK,
KALABURAGI DISTRICT- 585307,
REPRESENTED BY ITS MUTHAWALLI.
2. SRI SHANAPPA S/O TEPPANNA,
AGED: MAJOR,
R/O. POST KARVI, CHINCHOLI TALUK,
KALBURAGI DIST.- 585307.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT, PRAYING TO SET ASIDE
THE IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 82/2021 BEFORE THE HON'BLE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANNEXURE-A BY DIRECTING
THE HON'BLE WAQF TRIBUNAL TO RESTORE THE
APPLICATION NO. 82/2021 TO CONTINUE THE
PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S AS
THIS HONOURABLE COURT MAY DEEMS FIT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE.
- 13 -
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200042/2023
BETWEEN:
THE CHIEF EXECUVITE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARUL AWKAF, NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MUSLIM KHABRASTAN (SUNNI),
CHITGUPPA TOWN, HUMNABAD TALUK,
BIDAR DISTRICT-585412,
REPRESENTED BY ITS SECRETARY.
2. THE CHIEF OFFICER TOWN MUNICIPALITY
CHITGUPPA,
HUMNABAD TALUK,
BIDAR DISTRICT-585412
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 IS DISPENSED
WITH;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R2)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT, PRAYING TO SET ASIDE
THE IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 27/2021 BEFORE THE HONOURABLE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANNEXURE-A BY DIRECTING
THE HONOURABLE KARNATAKA WAQF TRIBUNAL TO
RESTORE THE APPLICATION NO. 27/2021 TO CONTINUE
THE PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S
AS THIS HONOURABLE COURT MAY DEEMS FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE.
- 14 -
NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200044/2023
BETWEEN:
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID- E- MAHAL KALLAN.,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI 585104.
2. SMT. SHOBHA DHAREPPA GANOOR
AGED MAJOR,
W/O NOT KNOWN TO THE PETITIONER,
R/O PLOT NO. 117, PANCHAYAT,
NO.2-3-70/117 SITUATED AT AFZALPUR TOWN,
AFZALPUR TALUK, KALABURAGI- 585104.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
83(9) OF WAQF ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 62/2021 BEFORE THE KARNATAKA WAQF
TRIBUNAL, KALABURGI DIVISION, KALABURGI PRODUCED
AT ANNEXURE-A BY DIRECTING THE HONOURABLE WAQF
TRIBUNAL TO RESTORE THE APPLICATION NO. 62/2021 TO
CONTINUE THE PROCEEDINGS. AND TO PASS SUCH OTHER
ORDER/S AS THIS HONOURABLE COURT MAY DEEMS FIT IN
THE FACTS AND CIRCUMSTANCES OF THE CASE.
- 15 -
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200046/2023
BETWEEN:
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF, NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. SMT. LALBEE BANGADI SAB MULLA
AGED MAJOR,
W/O NOT KNOWN TO THE PETITIONER,
R/O PLOT NO. 105 PANCHAYAT,
NO. 2-3-70/105 SITUATED AT,
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI- 585104.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION83(9) OF WAQF ACT, 1995, OF THE CPC, PRAYING
TO SET ASIDE THE IMPUGNED ORDERS DATED 22-04-2022
PASSED IN APPLICATION NO. 47/2021 BEFORE THE
HONOURABLE KARNATAKA WAQF TRIBUNAL, KALABURGI
DIVISION, KALABURGI PRODUCED AT ANNEXURE-A BY
DIRECTING THE HONOURABLE KARNATAKA WAQF
TRIBUNAL TO RESTORE THE APPLICATION NO. 47/2021 TO
CONTINUE THE PROCEEDINGS. AND TO PASS SUCH THERE
ORDER/S AS THIS HONOURABLE COURT MAY DEEMS FIT IN
THE FACTS AND CIRCUMSTANCES OF THE CASE.
- 16 -
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200047/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF, NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL ,ADVOCATE)
AND:
1. MASJID-E-MAHAL,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. SRI HAJI SAB KHASIM SAB MUJAWAR
AGED MAJOR,
S/ONOT KNOWN TO THE PETITIONER
R/O PLOT NO. 44, PANCHAYAT
NO. 2-3-70/44 SITUATED AT
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI- 585104.
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
83(9) OF WAQF ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 22.04.2022 PASSED IN
APPLICATION NO. 43/2021 BEFORE THE HONOURABLE
KARNATAKA WAQF TRIBUNAL KALABURAGI DIVISION,
KALABURAGI PRODUCED AT ANNEXURE A BY DIRECTING
THE HONOURABLE KARNATAKA WAQF TRIBUNAL TO
RESTORE THE APPLICATION NO. 43/2021 TO CONTINUE
THE PROCEEDINGS AND TO PASS SUCH THERE ORDER/S
AS THIS HONOURABLE COURT MAY DEEMS FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE.
- 17 -
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200048/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF, NO. 6, CUNNINGHAM ROAD,
BENGALURU-560052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI-585104.
2. SMT. MASHAKBI KHAJA PATEL
AGED MAJOR,
W/O NOT KNOWN TO THE PETITIONER,
R/O. PLOT NO. 20, PANCHAYAT,
NO. 2-3-70/20, SITUATED AT AFZALPUR TOWN,
AFZALPUR TALUK,
KALABURAGI-585104.
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
83(9) OF WAQF ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 22.04.2022 PASSED IN
APPLICATION NO. 49/2021 BEFORE THE HONOURABLE
KARNATAKA WAQF TRIBUNAL KALABURAGI DIVISION,
KALABURAGI PRODUCED AT ANNEXURE- A BY DIRECTING
THE HONOURABLE KARNATAKA WAQF TRIBUNAL TO
RESTORE THE APPLICATION NO. 49/2021 TO CONTINUE
THE PROCEEDINGS. AND TO PASS SUCH THERE ORDER/S
AS THIS HONOURABLE COURT MAY DEEMS FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE.
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200049/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF, NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-VAKKALGERA (MASJID -E- MAQBARA),
DARGAH ROAD, KALABURAGI,
KALABURAGI DISTRICT- 585104,
REPRESENTED BY ITS MUTHWALLI.
2. THE CITY CORPORATION KALABURAGI
REPRESENTED BY ITS SANITARY INSPECTOR
NAYA MOHALLA MOMINPURA,
KALABURAGI TALUK,
KALABURAGI DIST.- 585101
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83 (9) OF WAKF ACT, PRAYING TO SET ASIDE
THE IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 79/2021 BEFORE THE HONOURABLE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANNEXURE-A BY DIRECTING
THE HONOURABLE KARNATAKA WAQF TRIBUNAL TO
RESTORE THE APPLICATION NO. 79/2021 TO CONTINUE
THE PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S
AS THIS HONOURABLE COURT MAY DEEMS FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE.
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200050/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585 104.
2. SRI MALAKAPPA SHIVAPPA ARIGERI
AGED: MAJOR,
S/O NOT KNOWN TO THE PETITONER,
R/O PLOT NO. 25, PANCHAYAT
NO.23-3-70/25 SITUATED AT
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI- 585104.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 22.04.2022 PASSED IN
APPLICATION NO. 55/2021 BEFORE THE WAQF TRIBUNAL
KALABURAGI DIVISION, KALABURAGI PRODUCED AT
ANNEXURE A BY DIRECTING THE HONOURABLE WAQF
TRIBUNAL TO RESTORE THE APPLICATION NO. 55/2021 TO
CONTINUE THE PROCEEDINGS AND TO PASS SUCH THERE
ORDER/S AS THIS HONOURABLE COURT MAY DEEMS FIT IN
THE FACTS AND CIRCUMSTANCES OF THE CASE.
- 20 -
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200051/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E- MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585 104.
2. SRI MOHAMMED SOND ABDUL NAGARCHI,
AGED MAJOR,
S/O NOT KNOWN TO THE PETITIONER
R/O PLOT NO. 52 PANCHAYAT,
NO.2-3-70/52 SITUATED AT
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI 585104
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
83 (9) OF WAQF ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 52/2021 BEFORE THE HONOURABLE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANNEXURE-A BY DIRECTING
THE KARNATAKA WAQF TRIBUNAL TO RESTORE THE
APPLICATION NO.52/2021 TO CONTINUE THE
PROCEEDINGS. AND TO PASS SUCH OTHER RELIEF/S AS
THIS HONOURABLE COURT MAY DEEMS FIT IN THE FACTS
AND CIRCUMSTANCE OF THE CASE.
- 21 -
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200053/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM
DARUL AWKAF, NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. JAMIA MASJID AND HAZRATH PEER (SUNNI),
GADIKESHWAR VILLAGE,
CHINCHOLI TALUK,
KALABURAGI DISTRICT 585 307
REPRESENTED BY ITS MUTHAWALLI.
2. SRI SARDAR MIYAN S/O MAHABOOB SAB,
AGED MAJOR,
R/O OF GADIKESHWAR POST,
CHINCHOLI TALUK, KALABURAGI 585307.
...RESPONDENTS
(R1 AND R2 ARE SERVED)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT, 1995, PRAYING TO SET
ASIDE THE IMPUGNED ORDERS DATED 22.04.2022 PASSED
IN APPLICATION NO.76/2021 BEFORE THE KARNATAKA
WAQF TRIBUNAL, KALABURGI DIVISION, KALABURGI
PRODUCED AT ANNEXURE-A BY DIRECTING THE
KARNATAKA WAQF TRIBUNAL TO RESTORE THE
APPLICATION NO.76/2021 TO CONTINUE THE
PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S AS
THIS HONOURABLE COURT MAY DEEMS FIT IN THE FACTS
AND CIRCUMSTANCE OF THE CASE.
- 22 -
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200055/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. JAMIA MASJID AND HAZRATH PEER (SUNNI),
GADIKESHWAR VILLAGE, CHINCHOLI TALUK,
KALABURAGI DISTRICT- 585307,
REPRESENTED BY ITS MUTHWALLI.
2. SMT. BISMILLA BEGUM S/O ALAUDDIN BADEHAR,
AGED MAJOR,
R/O OF RAMNAGAR THANDA, GADIKESHWAR,
POST KORVI, CHINCHOLI TALUK,
KALABURAGI 585 307
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
83 (9) OF WAQF ACT, 1995, PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO.77/2021 BEFORE THE HONOURABLE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANNEXURE-A BY DIRECTING
THE HONOURABLE KARNATAKA WAQF TRIBUNAL TO
RESTORE THE APPLICATION NO.77/2021 TO CONTINUE THE
PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S AS
THIS HONOURABLE COURT MAY DEEMS FIT IN THE FACTS
AND CIRCUMSTANCE OF THE CASE.
- 23 -
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200057/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE,AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. SMT. BHEEMABAI BHIMANNA TALWAR,
AGED: MAJOR,
W/O NOT KNOWN TO THE PETITIONER,
R/O PLOT NO. 79, MUNICIPAL,
NO. 2-3-70/48 SITUATED AT,
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI- 585104.
...RESPONDENTS
(R1 SERVED;
V/O DATED 15.12.2025 NOTICE TO R2 IS DISPENSED
WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83 (9) OF THE WAKF ACT, 1955, PRAYING TO
SET ASIDE THE IMPUGNED ORDERS DATED 22-04-2022
PASSED IN APPLICATION NO. 36/2021 BEFORE THE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANNEXURE-A BY DIRECTING
THE KARNATAKA WAQF TRIBUNAL TO RESTORE THE
APPLICATION NO. 36/2021 TO CONTINUE THE
PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S AS
THIS HONOURABLE COURT MAY DEEMS FIT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE.
- 24 -
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200058/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWKAF NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585104.
2. MALLAMMA BASAVARAJ HARALAYY,
AGED: MAJOR,
S/O NOT KNOWN TO THE PETITIONER,
R/O PLOT NO. 116, PANCHAYAT,
NO. 2-370/116 SITUATED AT
AFZALPUR TOWN, AFZALPUR TALUK,
KALABURAGI- 585104.
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
83(9) OF WAQF ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 46/2021 BEFORE THE HONOURABLE
KARNATAKA WAQF TRIBUNAL, KALABURGI DIVISION,
KALABURGI PRODUCED AT ANNEXURE-A BY DIRECTING
THE HONOURABLE KARNATAKA WAQF TRIBUNAL TO
RESTORE THE APPLICATION NO. 46/2021 TO CONTINUED
THE PROCEEDINGS. AND TO PASS SUCH OTHER ORDER/S
AS HONOURABLE COURT MAY DEEMS FIT IN THE FACTS
AND CIRCUMSTANCE OF THE CASE.
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CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
IN CRP NO. 200065/2023
BETWEEN:
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARULAWQAF NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. QAZAT (KAZAYATH) SUNNI
SINDHANOOR TALUK,
RAICHUR DISTRICT,
RAICHUR- 584128,
REPRESENTED BY ITS MUTHAWALLI,
MR SYED FAROOQ PASHA.
2. SRI VIRUPANNA S/O RANGAPPA
SINCE DECEASED BY LRS,
I) SRI GOUDAPPA S/O LATE VIRUPPA.
AGED: MAJOR,
II) SRI GADDEPPA, S/O LATE VIRUPPA.
AGED: MAJOR,
III) SMT. ERAMMA DAUGHTER OF LATE VIRUPPA,
AGED: MAJOR,
ALL ARE RESIDING AT SIDDAPURA VILLAGE,
SINDHANUR TALUK,RAICHUR DISTRICT,
RAICHUR-584 128.
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2(I),(II),(III)
IS DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
83 (9) OF THE WAKF ACT, 1955, PRAYING TO SET ASIDE
THE IMPUGNED ORDERS DATED 22-04-2022 PASSED IN
APPLICATION NO. 21/2021 BEFORE THE KARNATAKA WAQF
TRIBUNAL, KALABURGI DIVISION, KALABURGI PRODUCED
AT ANNEXURE-A BY DIRECTING THE KARNATAKA WAQF
TRIBUNAL TO RESTORE THE APPLICATION NO. 21/2021 TO
CONTINUE THE PROCEEDINGS. AND TO PASS SUCH OTHER
ORDER/S AS THIS HONOURABLE COURT MAY DEEMS FIT IN
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C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
THE FACTS AND CIRCUMSTANCES OF THE CASE.
IN CRP NO. 200067/2023
BETWEEN:
THE ENQUIRY OFFICER AND
THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD AUQAF,
DARUL AWKAF, NO.6 CUNNINGHAM ROAD,
BENGALURU- 560 052.
...PETITIONER
(BY SRI. P. S. MALIPATIL, ADVOCATE)
AND:
1. MASJID-E-MAHAL KALLAN,
AFZALPUR VILLAGE, AFZALPUR TALUK,
KALABURAGI DISTRICT, KALABURAGI- 585 104.
2. SRI RAMJAN TAJESAB CHOWDARY,
S/O NOT KNOWN TO THE PETITIONER,
AGED: MAJOR, R/O PLOT NO. 06, PANCHAYAT,
NO.2-3-70/06, SITUATED AT,
AFZALPUR TOWN, AFZALPUR TALUK, KALABURAGI
...RESPONDENTS
(V/O DATED 15.12.2025 NOTICE TO R1 AND R2 IS
DISPENSED WITH)
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF WAQF ACT, PRAYING TO SET ASIDE
THE IMPUGNED ORDERS DATED 22.04.2022 PASSED IN
APPLICATION NO. 60/2021 BEFORE KARNATAKA WAQF
TRIBUNAL, KALABURGI DIVISION, KALABURGI PRODUCED
AT ANNEXURE-A BY DIRECTING THE KARNATAKA WAQF
TRIBUNAL TO RESTORE THE APPLICATION NO. 60/2021 TO
CONTINUE THE PROCEEDINGS. AND TO PASS SUCH OTHER
ORDER/S AS THIS HONOURABLE COURT MAY DEEMS FIT IN
THE FACTS AND CIRCUMSTANCE OF THE CASE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
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HC-KAR AND 22 OTHERS
ORAL ORDER
These matters are taken-up for hearing and analogous disposal.
2. These petitions put in question the impugned orders dated 22.04.2022 passed in Application Nos.80/2021, 41/2021, 38/2021, 63/2021, 37/2021, 67/2021, 81/2021, 58/2021, 47/2021, 62/2021, 27/2021, 82/2021, 69/2021, 44/2021, 43/2021, 49/2021, 79/2021, 55/2021, 52/2021, 76/2021, 77/2021, 36/2021, 46/2021, 21/2021 and 60/2021 by the Karnataka Waqf Tribunal, Kalaburagi [hereinafter referred to as 'the Tribunal', for brevity], upon the applications filed by the petitioner - Enquiry Officer and Chief Executive Officer, Karnataka State Board of Auqaf, No.6, Darul Auqaf, Cunningham Road, Bangalore in furtherance to the provisions of Section 54(4) of the Waqf Act, 1995 [hereinafter referred to as 'the Act, 1995', for brevity]. Upon such applications, the Tribunal has framed as many as 16 questions as found at page No.3 to 9 of the orders.
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HC-KAR AND 22 OTHERS
3. This Court by order dated 26.11.2025 under identical facts situation of the matter has passed the following order in Civil Revision Petition No.200011/2023 and connected matters. Paragraph Nos.3 to 9 read as under:
"3. Perusal of the said questions would indicate the Tribunal has taken upon itself the issues with regard to jurisdiction, power and authority of the Enquiry Officer and Chief Executive Officer of the Karnataka State Board of Auqaf to initiate proceedings under Section 54 of the Waqf Act, 1995 and has come to the conclusion that a comprehensive suit for declaration and for consequential relief of recovery possession is the only remedy available to the Karnataka State Board of Auqaf and has accordingly, rejected these applications holding the petitioner - Chief Executive Officer has no jurisdiction to invoke Section 54 of the Waqf Act, 1995.
4. Sri P.S.Malli Patil, learned counsel appearing for the petitioners submits that such orders have been passed by the tribunal even without issuing notices to the respondents named therein. He submits similar question fell for consideration before this Court in Civil Revision Petition No.200062/2023, wherein the Co-ordinate Bench of this Court adverting to the provision of Section 54 of the Waqf Act, 1995 has held that Chief Executive Officer - Auqaf Board is competent to initiate action for removal of encroachment in respect to Waqf property in exercise of its power under Section 54 of the Waqf Act, 1995 and as such the Tribunal was in error in passing the impugned orders and accordingly had set-aside the order passed by the Tribunal.
5. Referring to the said order, learned counsel Sri P.S.Mali Patil submits that since the issue is no more
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HC-KAR AND 22 OTHERS
res integra, the orders impugned in these petitions be set-aside and matter to be remitted to the Tribunal with a direction to proceed in accordance with law.
6. Since the issue raised in these petitions has already been answered by the Co-ordinate Bench of this Court, in its order dated 25.04.2025 passed in Civil Revision Petition No.200060/2023 as noted above, this Court do not see any reason to differ from the same.
7. In that view of the matter, the impugned orders dated 22.04.2022 passed in Application Nos.75/2021, 18/2021, 03/2019, 88/2021, 65/2021, 48/2021, 16/2021, 45/2021, 12/2021, 50/2021, 54/2021, 42/2021, 35/2021, 14/2021, 57/2021 and 39/2021 by the Karnataka Waqf Tribunal, Kalaburagi are set-aside and the matters are remitted to the Tribunal, which shall after issuing the notice and affording opportunity to the respondents therein proceed further in accordance with law.
8. Civil Revision petitions are allowed.
9. All contentions urged and to be urged are kept open to be considered by the Tribunal."
4. Since the issue raised in the present petitions stands covered by the aforesaid order of this Court, these civil revision petitions are also required to be allowed on similar lines.
5. In that view of the matter, the impugned orders dated 22.04.2022 passed in Application Nos.80/2021, 41/2021, 38/2021, 63/2021, 37/2021, 67/2021, 81/2021,
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NC: 2025:KHC-K:7810
CRP No. 200015 of 2023
C/W CRP No. 200016 of 2023
CRP No. 200017 of 2023
HC-KAR AND 22 OTHERS
58/2021, 47/2021, 62/2021, 27/2021, 82/2021, 69/2021, 44/2021, 43/2021, 49/2021, 79/2021, 55/2021, 52/2021, 76/2021, 77/2021, 36/2021, 46/2021, 21/2021 and 60/2021 by the Karnataka Waqf Tribunal, Kalaburagi are set-aside and the matters are remitted to the Tribunal, which shall after issuing the notice and affording opportunity to the respondents therein proceed further in accordance with law.
6. Civil Revision petitions are allowed.
7. All contentions urged and to be urged are kept open to be considered by the Tribunal.
Sd/-
(M.G.S.KAMAL) JUDGE SDU LIST NO.: 2 SL NO.: 1;CT:PK