Lababeen Sunnath Jamath Mosque Vs Karnataka State Board of Auqaf — Karnataka HC (2025) — LawSathi Research

Lababeen Sunnath Jamath Mosque Vs Karnataka State Board of Auqaf — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal allowed; the learned Single Judge's judgment in Writ Petition No.9869/2023 set aside and modified; Waqf Officer/caretaker of respondent No.3-Masjid directed to hold a General Body Meeting and facilitate election of Committee members within three months from receipt of a certified copy of the judgment; pending interlocutory applications stand disposed.

Issue for consideration

Whether the learned Single Judge was right in setting aside the order dated 30.03.2023 passed by respondent No.1, in view of the difference between the recommendations made by the General Body of respondent No.3-Masjid and the persons appointed to manage its affairs. +1 more

Court's answer

The writ appeal is allowed and the impugned order passed in Writ Petition No.9869 of 2023 (the learned Single Judge's judgment) is set aside; the order of the learned Single Judge stands modified accordingly.

Ratio / Principle

The Waqf Officer/caretaker of respondent No.3-Masjid is directed to hold the General Body Meeting of the Masjid's members and facilitate the election of Committee members, completing the exercise within three months from the date of receipt of a certified copy of the judgment.

Key takeaways

Given the peculiar facts and circumstances — both sets of names suggested per the General Body Resolution having not been given effect to, all contesting parties desiring a fresh General Body, and the Masjid being administered by a caretaker — holding a fresh General Body to choose the Committee would meet the ends of justice.ratio¶46

Detailed headnote1 paragraphs

Division Bench (N.V. Anjaria, CJ and M.I. Arun, J.; oral judgment per Arun, J.) allowed a writ appeal under Section 4 of the Karnataka High Court Act, 1961 filed by Lababeen Sunnath Jamath Mosque (respondent No.3 in the writ petition) against the learned Single Judge's judgment dated 21.11.2024 in Writ Petition No.9869/2023, which had set aside the Karnataka State Board of Auqaf's order dated 30.03.2023 (Annexure-P) passed under Section 69(1) of the Waqf Act, 1995, whereby a different set of eleven Managing Committee members was appointed contrary to the eleven names recommended after the General Body meeting of 19.08.2022 (letter dated 29.08.2022, Annexure-F). With all contesting parties consenting to a fresh election, and the Masjid being administered since 07.02.2023 by the District Waqf Officer, Chikkamagaluru as caretaker (Annexure-J), the Court set aside the Single Judge's judgment and modified it, directing the Waqf Officer/caretaker to hold a General Body Meeting of the Masjid's members and facilitate election of Committee members within three months from receipt of a certified copy of the judgment. Pending interlocutory applications stand disposed.

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NC: 2025:KHC:10773-DB WA No. 1924 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH 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:

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:

Digitally signed by H K HEMA Location: High Court of Karnataka

KARNATAKA STATE BOARD OF AUQAF "DARUL AUQAF", NO.6 CUNNINGHAM ROAD BENGALURU-560 052 BY ITS CHIEF EXECUTIVE OFFICER.

THE DISTRICT WAQF ADVISORY COMMITTEE, CHIKKAMAGALURU DISTRICT-577 101 BY ITS WAQF OFFICER.

THE CHIEF EXECUTIVE OFFICER KARNATAKA BOARD OF AUQAF NO.6, CUNNINGHAM ROAD

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BENGALURU-560 052.

SRI SAGHEER KHAN S/O HABIBULLA KHAN AGED ABOUT 35 YEARS R/AT WARD NO.22 K.M. ROAD, KADUR-577 548 CHIKKAMAGALURU DISTRICT.

SRI. FAIROZ KHAN S/O AMEER JAN AGED ABOUT 45 YEARS WARD NO.18, YEMME DODDI ROAD KADUR-577 548, CHIKKAMAGALURU DISTRICT.

SRI. NOORULLA S/O MASTER AHMED AGED ABOUT 37 YEARS R/AT 1^ST 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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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.

For the sake of convenience, parties are referred to as per the status in the writ petition.

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.

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.

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.

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.

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.

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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NC: 2025:KHC:10773-DB WA No. 1924 of 2024

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.3Masjid 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 List No.: 1 Sl No.: 14