Competing writ petitions concerning administration and control of a Dargah at Ilkal were disposed of, with the parties relegated to a pending suit before the Wakf Tribunal, Belagavi. The jurisdictional Tahasildar was appointed administrator of the Dargah until disposal of the suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102526 OF 2023 (GM-WAKF)
C/W
WRIT PETITION NO. 100579 OF 2018 WRIT PETITION NO. 100710 OF 2023 WRIT PETITION NO. 100303 OF 2024
IN WP. NO.102526/2023
BETWEEN:
HAJI USMANGANI HUMNABAD PRESIDENT AGED ABOUT 61 YEARS, S/O. IBRAHIM SAB HUMNABAD, HAJARATH SYED SHAH MURTUJA QUADRI DARGAH, MANAGING COMMITTEE, ILKAL, TALUK-ILKAL, BAGALKOTE 587 125.
…PETITIONER
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2024.02.15 10:24:14 +0530
(BY SRI. A.S. ZUBAIR AHMED KHAN & SRI. HANEEF M.H., ADVOCATES)
AND:
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
( RETD.) AND CARETAKER, HAZRATH SYED SHAH MURTUZA KHADRI DARGAH, ILKAL TOWN, BAGALKOTE DISTRICT.
…RESPONDENTS
(BY SRI. D.L. LADKHAN, ADV. FOR R1 & R2; SRI. SAJID GOODWALA & SRI. S.P. BALIGATTIMATH, ADV. FOR C/R3; SRI. S.A. SONDUR, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING THIS. A) ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 29.03.2023 ISSUED BY THE RESPONDENT NO. 2 (CHIEF EXECUTIVE OFFICER OF THE BOARD) BY APPOINTING THE RESPONDENT NO. 3 TO ACT AS CARETAKER TO THE WAQF INSTITUTION (ANNEXURE -A).B) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 AND 2 TO CONSTITUTE PETITIONER MANAGEMENT COMMITTEE AS PER GENERAL BODY PROPOSED DATED 02.08.2022 (ANNEXURE-H).
IN WP NO.100579/2018
BETWEEN:
SYED SHAH SULTAN AHMED QUADARI S/O SYED SHAH ABDUL HASAN QUADARI, AGE: 60 YEARS, OCC: SAJJADA NASHIN, ALUMPURPET VILLAGE, ILKAL, TQ: HUNGUND, DIST: BAGALKOT-587101.
…PETITIONER
(BY SRI. RAMESH I. ZIRALI, SRI. SHIVARAJ S. BALLOLI & SRI. HANEEF M.H., ADVOCATES)
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
AND:
…RESPONDENTS
(BY SRI. MOHAMED ALI, ADV. FOR R1 & R2; SRI. S.A. SONDUR, ADV. FOR R6; SRI. PRAVEEN UPPAR, AGA FOR R3 & R5; R4-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS AND DIRECT RESPONDENT NO.1 TO TAKE APPROPRIATE ACTION ON THE REPORT DATED 05.12.2017 SUBMITTED BY 2ND RESPONDENT IN DWO/MSC/BGT/10/2017-18/ 1683 VIDE ANNEXURE-B.ii) ISSUE WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION DATED:28.12.2017 AS PER ANNEXURE-D.
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
IN WP NO.100710/2023
BETWEEN:
HAJI USMANGANI HUMNABAD PRESIDENT HAJARATH SYEDSHAH MURTUJA QUADRI DARGAH MANAGING COMMITTEE, ILKAL, TALUK-ILKAL, BAGALKOT-587125
…PETITIONER
(BY SRI. BIRADAR SHOUKATALI & SRI. USMAN PATEL, SRI. HANEEF M.H., ADVOCATES)
AND:
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
SON OF SAYED SHAH ABDUL KHADAR KHADRI, AGED ABOUT 49 YEARS, OCCUPATION: HEREDITARY MUTWALLI
AND SAJJADA NASHEEN OF DARGHA HAZRATH, SAYED MURTUZA SHAH QUADRI, SITUATED IN ILKAL, HUNGUND TALUK, BAGALKOT DISTRICT-587101.
…RESPONDENTS
(BY SRI. MOHAMMED ALI, ADV. FOR R1 TO R3; SRI. PRAVEEN UPPAR, AGA FOR R4 TO R6; SRI. S.A. SONDUR, ADV. FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED LETTER DATED 14.09.2022 ISSUED BY THE RESPONDENT NO. 2 (VIDE ANNEXUREA) DIRECTING THE RESPONDENT NO. 3 TO ACT AS CARETAKER TO THE WAQF INSTITUTION.B) ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 02.02.2023 IN MAGI/SIRA/2022-23 PASSED BY THE RESPONDENT NO. 4 (VIDE ANNEXURE-B) AUTHORIZING THE RESPONDENT NO. 5 TAHSILDAR TO ACT AS ADMINISTRATRATIVE OFFICER AND OFFICER IN CHARGE IN THE 154TH SANDAL AND URUS OF THE DARGAH.C) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 4 AND 5 NOT TO ISSUE ANY FURTHER NOTICE WITH REGARD TO THE MANAGEMENT OF THE DARGAH AND CELEBRATION OF SANDAL AND URUS OF THE SAINT.
IN WP. NO.100303/2024
BETWEEN:
HAJI USMANGANI HUMNABAD PRESIDENT AGED ABOUT 59 YEARS, HAJARATH SYED SHAH MURTUJA QUADRI DARGAH, MANAGING COMMITTEE, ILKAL, TALUK-ILKAL, BAGALKOTE 587 125.
…PETITIONER
(BY SRI. A.S. ZUBAIR AHMED KHAN & SRI. HANEEF M.H., ADVOCATES)
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
AND:
…RESPONDENTS
(BY SRI. MAHAMMED ALI, ADV. FOR R1 TO R3; SRI. S.A. SONDUR, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING THIS. A) ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED DIRECTION BEARING NO. KSBA/CMC/18/BGT/2019/20 DATED 22.12.2023 ISSUED BY THE RESPONDENT No.2 (CHIEF EXECUTIVE OFFICER OF THE BOARD) DIRECTING THE RESPONDENT NO.3 TO DISTRICT WAQF OFFICER TO TAKE ACTION AS PER THE AFORESAID RESOLUTION OF THE BOARD MEETING AND DEPOT THE RENT OF THE BUILDINGS AND OTHER AMOUNT TO THE DWAC ACCOUNT WHICH IS OPERATING BY WAQF OFFICER AND COMPLIANCE VIDE ANNEXURE-A, IN THE ENDS OF JUSTICE AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
COMMON ORDER
this Court seeking for the following reliefs:
IN WP.NO.102526/2023
IN WP.NO.100579/2018
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
IN WP.NO.100710/2023
IN WP.NO.100303/2024
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
Annexure-W and O.S.No. 06/2022 before the Karnataka Wakf Tribunal at Belagavi Vide Annexure-Y, in the ends of justice.
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
forefathers prior to him. It is however opposed by the respondent No.6 in the said petition, claiming that the claim of Sri.Syed Sha Sultan Ahmed Quadari has been rejected by Law Committee of the Karnataka State Board of Wakf in LCC No.5/1991 by an order dated 03.10.1992 and as such, the said claim is not maintainable.
a) pass a decree in favor of the plaintiff declaring that the "Letter No. /CMC/18/BGT/2019-20 dated 14/09/2022 directing the Defendant No.2 Wakf Officer, DWAC Bagalkot to act as care taker of the Dargha Hazrath Sayed Murtuza Shah Quadri situated in Ilkal Tq.Hungund Dist. Bagalkot and also Dargha Hazrath Sayed Shah Abdul Hussain Quadri Alias Dadapeer, Hanamsagar Dist. Raichur by virtue of the proceedings of 336th Board Meeting and Resolved on Subject No.4 (14) dated 30/07/2022 passed therein by rejecting the proposal of the plaintiff dated 21/1/2017 is totally illegal, null and void and the same is not binding on the plaintiff and his family members.
b) to declare that the Darghas "Sayed Murtuza Shah Quadri situated in Ilkal, Tq. Hungund Dist. Bagalkot and also Dargha Hazrath Sayed Shah
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
Abdul Hasan Khadri Alias Dadapeer, Hanamsagar Dist. Koppal" are private wakf as "Wakf-Ul-Awlad by virtue of the Appeal No.37 Br. No. 1353 Fasli Order No. 47, 1353-Fasli, 1356 Fasli (1947), and will Deed dated 7/1/1940, and Khilafatnama dated 20/7/1951 and also a registered will deed executed by the deceased father of the plaintiff Late Shri. Sayed Shah Abdul Khadar Husssaini Arif dated 15/12/2015, and defendant No.1 is only a supervision authority over the wakf institution and the defendant No.1 has no authority to interfere in the family custom and usage of the said Darghas.
c) Issue a consequential relief of permanent mandatory injunction against the Defendant No.1 directing to register the name of the plaintiff in place of his deceased father as "Hereditary Mutwalli and Sajjada Nashin of the above said Dargha as per the order passed in LCC.No.5/1991 dated 3/10/1992 and as per registered will deed 15/12/2015 executed by Late Shri. Sayed Shah Abdul Khadar Husssaini.
d) issue a consequential relief permanent mandatory injunction against the defendants No.1 and 2 directing them to not to pass any order of any sorts by appointing Managing etc., and restrain them from interfering or obstructing in any manner in their internal affairs of the management in respect of the Dargha Hazrath Sayed Murtuza Shah Khadri Ilkal, Tq. Hungund Dist. Bagalkot.
e) Issue a mandatory injunction against the Defendant No. 3 directing the Defendant No.3 to delete the entries men tioned as "Managing Committee" and the "Wakf" and enter the name of plaintiff as "Hereditary Mutwalli & Sajjada Nashin" the above said properties mentioned in para No.16 of the plaint.
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
f) Consequently, restraining the Defendants No.1 and 2 from interfering with administration and performance of all the day to day religious rituals and holding Sandal Urus every year in the above said Dargahs by issuing perpetual injunction.
g) Declare that during the pendency of this suit any decisions or orders passed by the defendant No.1 null any void and the same will not be binding on the plaintiff and his family members in respect of the above said darghas.
h) Entire costs of the suit may be awarded to the Plaintiff.
i) Any other relief which the Hon'ble Tribunal deems fit may be granted to the plaintiff.
j) Permission to amend plaint as and when necessary may be granted to the plaintiff.
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
taking into consideration that there are several litigations which had earlier also taken place and now
that a composite civil suit is pending in O.S.No.6/2023 before the Waqf Tribunal, Belagavi, I am of the considered opinion that these disputed question of facts and contentions would have to be adjudicated by the said Waqf Tribunal, which is the Special Tribunal constituted under Section 83 of the Waqf Act, 1995 for resolution of such disputes, which would include disputes between the members interse of the Waqf, claims or disputes as regards the Managing Committees and/or any persons claiming to be the Sajjad Nashin of the Waqf etc.,
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
when there are numerous issues which cannot be reconciled without evidence being placed on record.
ORDER
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
iii. The plaintiff in the said suit shall within 15 days of the receipt of a certified copy of this order make a formal application to implead all the parties in these writ petitions as party defendants in the said suit, the Applications so filed shall be allowed by the tribunal and the plaint amended.
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
viii. In order to maintain proper conduct of administration, the jurisdictional Tahasildar is appointed as administrator of Hajarat Syed Shah Murtuja Quadri Dargah, who shall administer the said Dargah until the disposal of the suit in O.S.No.6/2023.
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
be included as a member of such committee to be formulated by the Thasildhar/Administrator.
x. The Thasildhar/Administrator shall expend money from the funds available with the Dargah and in this regard take into
consideration the aid and advice of the District Waqf Officer.
xi. A quarterly statement of accounts is directed to be placed before the Tribunal in O.S.No.6/20223 and in the event of any advice being required by the Administrator in taking any major financial decisions, such advice could be sought for from the Waqf Tribunal.
xii. The Additional Registrar (Judicial) is directed to communicate the above order to the Tahasildar, Ilkal, the Deputy Commissioner, Bagalkot, Superintendent of Police Ilkal, the jurisdictional Deputy Superintendent of Police and CPI, Ilkal.
NC: 2024:KHC-D:3443 WP No. 102526 of 2023 C/W WP No. 100579 of 2018, WP No. 100710 of 2023, WP No. 100303 of 2024
xiii. The Tahasildar, Ilkal, shall take charge of the affairs of the Dargah at 10.00 am on
17.02.2024.
xiv. This Court hopes and believes that peace and order would be maintained by all the parties until the resolution of dispute by the Waqf Tribunal and that all the parties shall assist and fully co-operate with the Waqf Tribunal in expeditiously disposing of the suit in O.S.NO.6/2023.
Sd/JUDGE
gab/ct-mck List No.: 1 Sl No.: 116
2 issues framed by the court
Whether disputed questions over management committee and Sajjada Nashin claims of the Dargah should be adjudicated by the Waqf Tribunal rather than the Court.
Who is entitled to administer the Dargah pending resolution of the disputes.
1 provisions across 1 enactments
Haji Usmangani Humnabad (President, Managing Committee, Hajarath Syed Shah Murtuja Quadri Dargah, Ilkal)
Syed Shah Sultan Ahmed Quadari
Karnataka State Board of Auqaf Darulawkaf
Chief Executive Officer, Karnataka State Board of Auqaf
Shri Abdul Rajak Kalla
Sayed Murtuza Shah Quadri
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
