Allowed¶44

Mr Sheikh Faiyaz Ali v. State of Karnataka

Karnataka HC19 Nov 2025WP/8374/2023

Case brief

AI extract

What is this about?

Keywords: Wakf; Pesh Imam appointment; withdrawal of appointment at oral instructions; Karnataka State Wakf Board; District Wakf Officer / Wakf Officer, Udupi; Jamatul Muslimeen Jamia Masjid, Bundoor; Janab Mohammad Siraj Bangi; Moulana Taiyab Hussain Noori Alim-A-Din; ambiguity/internal contradiction in Wakf administrative order; quashing under Articles 226 and 227; GM-WAKF writ petition; Karnataka High Court 2025. Relevant to practitioners challenging Wakf orders that contain self-contradictory appointment-withdrawal language or rest on unrecorded oral instructions.

What did the court decide?

The order dated 28.02.2023 (Annexure-A) passed by the Wakf Officer, District Wakf Office, Udupi District, is set aside. ¶44

Mr Sheikh Faiyaz Ali Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

The order dated 28.02.2023 (Annexure-A) passed by the Wakf Officer, District Wakf Office, Udupi District, is set aside.

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Issue for consideration

Whether the order dated 28.02.2023 (Annexure-A) issued by the Wakf Officer, District Wakf Office, Udupi District — which records the appointment of a Pesh Imam and simultaneously states its withdrawal at the oral instructions of the Karnataka State Wakf Board — suffers from ambiguity and ought to be quashed.

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Court's answer

The impugned order is internally contradictory: while it records the District Wakf Officer's decision appointing Janab Mohammad Siraj Bangi as Pesh Imam in the Masjid of respondent No.5 in place of Moulana Taiyab Hussain Noori Alim-A-Din, its second paragraph states that the appointment was withdrawn at the oral instructions of the Karnataka State Wakf Board, contrary to the earlier decision.

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Ratio / Principle

There is ambiguity in the order dated 28.02.2023, evident from the impugned order, and the Court finds force in the submission made by the learned counsel for the petitioner.

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Detailed headnote1 paragraphs

Writ Petition No.8374 of 2023 (GM-WAKF), High Court of Karnataka at Bengaluru, decided 19.11.2025 before Justice E.S. Indiresh: The petitioner, filing under Articles 226 and 227 of the Constitution of India, assailed an order dated 28.02.2023 (Annexure-A, Ref. No.JMB/ADM/13/2022-23) issued by the Wakf Officer, District Wakf Office, Udupi District. That order recorded the District Wakf Officer's decision appointing Janab Mohammad Siraj Bangi as Pesh Imam in the Masjid of respondent No.5 (Jamatul Muslimeen Jamia Masjid, Bundoor) in the place of Moulana Taiyab Hussain Noori Alim-A-Din, yet its second paragraph stated that the appointment was being withdrawn at the oral instructions of the Karnataka State Wakf Board, contrary to the earlier decision. Finding this internal ambiguity/contradiction evident on the face of the impugned order, and concurring with the petitioner's counsel, the Court allowed the writ petition and set aside the order dated 28.02.2023.

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NC: 2025:KHC:47687 WP No. 8374 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.8374 OF 2023 (GM-WAKF)

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BETWEEN:

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MR.SHEIKH FAIYAZ ALI S/O SHEIKH HAJI ABBUBAKAR AGED ABOUT 50 YEARS R/AT NO.2-250, BAITHULA AYSHA 7^TH CROSS, YOJAN NAGARA YEDTHARE BYNDOOR UDUPI - 576 214

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…PETITIONER

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(BY SRI. RAJASHEKAR S, ADVOCATE)

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AND:

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Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA

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MINORITY WELFARE DEPARTMENT 2^ND FLOOR, VIKASA SOUDHA DR.B.R.AMBEKAR VEEDHI BENGALURU - 560 001 REP BY ITS SECRETARY

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KARNATAKA STATE BOARD OF WAQF DARUL AUQAF, NO.6, CUNNINGHAM ROAD VASANTH NAGAR BENGALURU - 560 051 REP BY ITS PRESIDENT

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2 - NC: 2025:KHC:47687 WP No. 8374 of 2023

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HC-KAR

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DISTRICT WAKF ADVISORY COMMITTEE UDUPI DISTRICT UDUPI - 576104 REP BY ITS PRESIDENT

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THE WAKF OFFICER

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CUM ENROLMENT OFFICER DISTRICT WAKF ADVISORY COMMITTEE, 1^ST FLOOR, A-BLOCK D.C.OFFICE COMPLEX RAJATADRI END POINT MANIPAL UDUPI DISTRICT - 576 104

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JAMATUL MUSLIMEEN JAMIA MASJID MUSLIM STREET, BUNDOOR UDUPI DISTRICT - 576 214 REP. BY ITS CARE TAKER/ AUTHORIZED OFFICER SMT.NAZIA

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…RESPONDENTS

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(BY SRI.MAHANTESH SHETTAR, AGA FOR R.1; SRI.P.S.MALIPATIL, ADVOCATE FOR R.2 TO R.5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD 28.02.2023 PASSED VIDE REFERENCE NO.JMB/ADM/13/ 2022-23 PASSED BY THE R-5 VIDE ANNX-A AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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3 - NC: 2025:KHC:47687 WP No. 8374 of 2023

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HC-KAR

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ORAL ORDER

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Heard learned counsel appearing for the parties.

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In this writ petition, the petitioner is assailing

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the order dated 28.02.2023 (Annexure-A) issued by the Wakf Officer, District Wakf Office, Udupi District.

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Having taken note of the submission made by

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the learned counsel appearing for the parties and on careful consideration of the impugned order at Annexure-A, the same would indicate that as the District Wakf Officer of the District Wakf Office has taken a decision to appoint Janab Mohammad Siraj Bangi as Pesh Imam in the Masjid of respondent No.5 in the place of one Moulana Taiyab Hussain Noori Alim-A-Din, however, in the second paragraph of the impugned order, it is stated that at the oral instructions of the Karnataka State Wakf Board, the order of appointment is being withdrawn, which runs contrary to the earlier decision.

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NC: 2025:KHC:47687 WP No. 8374 of 2023

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HC-KAR

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