Abubarkar Siddique Vs the Karnataka State Board… — Writ and Judicial Review | Karnataka HC (2025)

Abubarkar Siddique Vs the Karnataka State Board… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Respondent No.1 directed to consider the representation dated 11.09.2025 (Annexure-C1) and pass necessary orders within 10 days from date of receipt of a copy of the order; notice to Respondent No.2 dispensed with in view of the proposed order.

Issue for consideration

Whether Respondent No.1 (Karnataka State Board of Waqf) is to be directed to consider the Petitioner's representation dated 11.09.2025 (Annexure-C1) seeking an inquiry under Section 70 of the Waqf Act, 1995 into the affairs of the committee managing Masjid-E-Pension Moholla/Arafath Shadi Mahal, and pass necessary orders thereon.

Court's answer

Since the Petitioner had already submitted a representation dated 11.09.2025 (Annexure-C1), it was for Respondent No.1 to consider that representation and pass necessary orders thereon; accordingly Respondent No.1 was directed to consider the representation and pass necessary orders within 10 days from date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Writ Petition (GM-WAKF) under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, decided on 19.12.2025 by Suraj Govindaraj, J. The Petitioner sought a writ of mandamus directing the Karnataka State Board of Waqf (Respondent No.1) to initiate an inquiry under Section 70 of the Waqf Act, 1995 against the masjid management committee and ad-hoc committee managing Masjid-E-Pension Moholla/Arafath Shadi Mahal since 2022, and to conduct a time-bound inquiry into alleged misappropriation of funds and submit a report to the Court. On learning that the Petitioner had already submitted a representation on 11.09.2025 (Annexure-C1), the Court held that it was for Respondent No.1 to consider the representation and pass necessary orders thereon. The Writ Petition was partly allowed, with Respondent No.1 directed to consider the representation dated 11.09.2025 and pass necessary orders within 10 days from receipt of a copy of the order; notice to Respondent No.2 (Ad Hoc Committee) was dispensed with in view of the proposed order.

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NC: 2025:KHC:54721 WP No. 29661 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29661 OF 2025 (GM-WAKF)

BETWEEN:

ABUBARKAR SIDDIQUE S/O MOHAMMED BASHEER AGED ABOUT 48 YEARS, RESIDING AT NO.5, E NO.13TH STREET, HKP ROAD, SHIVAJI NAGAR, BENGALURU-560051

&PETITIONER

(BY SRI. TAHIR, ADVOCATE)

AND:

THE KARNATAKA STATE BOARD OF WAQF REP BY ITS CHIEF EXECUTIVE OFFICER, NO.6, CUNNINGHAM ROAD BANGALORE-560052

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

AD HOC COMMITTEE REP BY ITS SECRETARY, MASJID-E-PENSION MOHALLA SHIVAJI NAGAR ROAD, SHIVAJI NAGAR BANGALORE-560051

&RESPONDENTS

(V/O DTD: 19.12.2025 NOTICE TO R1 & R2 D/W)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO INITIATE AN INQUIRY UNDER SECTION 70 OF THE WAQF ACT, 1995 AGAINST THE MASJID MANAGEMENT COMMITTEE AND AD-HOC COMMITTEE MANAGING MASJID-E-PENSION MOHOLLA/ ARAFATH SHADI MAHAL SINCE 2022.

DIRECT THE RESPONDENT TO CONDUCT A TIME-BOUND INQUIRY INTO THE ALLEGED MISAPPROPRIATION OF FUNDS AND SUBMIT A REPORT TO THIS HONBLE COURT.

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NC: 2025:KHC:54721 WP No. 29661 of 2025

HC-KAR

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

Sri. P. Usman, learned counsel, is directed to accept

notice for Respondent No.1. Notice to Respondent No.2 is dispensed with in view of the proposed order to be passed.

The Petitioner is before this Court seeking for the following reliefs:

a. Issue a writ of mandamus directing the respondent to initiate an inquiry under section 70 of the Waqf act, 1995 against the masjid management committee and ad-hoc committee managing Masjid-E-Pension Moholla/ Arafath Shadi Mahal since 2022.

b. Direct the respondent to conduct a time-bound inquiry into the alleged misappropriation of funds and submit a report to this Honble court.

c. Pass such other orders as this Hon'ble Court may deem fit in the interest of justice and equity.

On enquiry as to whether the Petitioner has submitted a representation, Learned counsel submits that such a representation has been submitted on

11.09.2025 at Annexure-C1.

3 - NC: 2025:KHC:54721 WP No. 29661 of 2025

HC-KAR

If that be so, it is for respondent No.1 to consider the

said representation and pass necessary orders thereon. As such, I pass the following:

ORDER

i) Writ Petition is partly allowed .

ii) Respondent No.1 is directed to consider the representation dated 11.09.2025 at Annexure-C1 and pass necessary orders within 10 days from date of receipt of a copy of this order.

SD/(SURAJ GOVINDARAJ) JUDGE

KTY List No.: 4 Sl No.: 1