Allowed¶37

The Managing Committee v. the Karnataka State Board of Auqaf

Karnataka HC11 Feb 2026WP/29398/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 29398 of 2023 (GM-WAKF); Justice M.G.S. Kamal; order dated 11.02.2026; waqf institution scheme of management; Managing Committee Hazrath Syed Bandagi Hussaini Mazar, Chitradurga v. Karnataka State Board of Auqaf; Rule 48 and Form 42, Karnataka Waqf Rules 2017; Section 32(2)(d), Waqf Act 1995; mandamus for Board's failure to act on draft scheme dated 22.06.2020; direction to consider and decide within 90 days; petition allowed.

What did the court decide?

Writ petition allowed; respondent-Board directed to consider the draft Scheme of Management submitted by the petitioner and, if it satisfies the requirement of law, to pass appropriate order within an outer limit of 90 days from the date of receipt of certified copy of the order. ¶37

The Managing Committee Vs the Karnataka State… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the respondent-Board to approve, or in the alternative consider in accordance with law, the draft Scheme of Management dated 22.06.2020 submitted by the petitioner on 30.06.2020, which the Board had kept pending without passing any order.

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Ratio / Principle

Approval of the draft scheme of management submitted by the petitioner is within the domain of the respondent-Board.

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Key takeaways

As there appeared to be no progress in the matter and no scheme of management existed for the institution, the writ petition was allowed.ratio¶36
The respondent-Board was directed to consider the scheme as submitted by the petitioner and, if it satisfies the requirement of law referred to above, to pass appropriate order within an outer limit of 90 days from the date of receipt of certified copy of the order.ratio¶37

Detailed headnote1 paragraphs

Writ petition under Article 226 (GM-WAKF) by the Managing Committee of Hazrath Syed Bandagi Hussaini Mazar, Chitradurga, seeking mandamus to the Karnataka State Board of Auqaf to approve its draft Scheme of Management dated 22.06.2020 (submitted 30.06.2020) framed under Rule 48 and Form 42 of the Karnataka Waqf Rules, 2017 read with Section 32(2)(d) of the Waqf Act, 1995, which the Board had left pending without passing any order. Held: approving the scheme is within the domain of the Board; as there was no progress and no scheme of administration existed, the petition was allowed and the Board was directed to consider the scheme and, if it satisfies the requirement of law, pass appropriate order within 90 days of receipt of certified copy of the order.

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NC: 2026:KHC:8254 WP No. 29398 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 11^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 29398 OF 2023 (GM-WAKF)

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BETWEEN:

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THE MANAGING COMMITTEE HAZRATH SYED BANDAGI HUSSAINI MAZAR AT ATHAULLA SHAH MAKAN (SUNNI) BEHIND L.I.C OFFICE, B.D ROAD, CHITRADURGA-577 501 REP BY ITS PRESIDENT, SYED AKHIL SHA HUSSAINI.

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…PETITIONER

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(BY SRI. NAVEED AHMED.,ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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THE KARNATAKA STATE BOARD OF AUQAF NO. 6, CUNNINGHAM ROAD, BANGALORE-560 052 REP BY ITS CHIEF EXECUTIVE OFFICER.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BOARD TO APPROVE THE DRAFT SCHEME OF MANAGEMENT DATED 22.06.2020 SUBMITTED BY THE PETITIONER ON 30.06.2020 BY ALLOWING THIS WP VIDE ANNEXURE-E OR THE ALTERNATIVE DIRECTING THE RESPONDENT BOARD TO CONSIDER THE REPRESENTATION DATED 22.06.2020 SUBMITTED ON 30.06.2020 BY THE PETITIONER ON 30.06.2020 PRODUCED AT ANNX-E IN ACCORDANCE WITH LAW BY ALLOWING THIS WRIT PETITION.

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NC: 2026:KHC:8254 WP No. 29398 of 2023

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioner-Managing Committee of Hazarath Syed Bandagi

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Hussaini Mazar of Chittadurga is before this Court seeking following reliefs:

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''a). Issue a Writ in the nature of Mandamus directing the Respondent-Board to approve the draft Scheme of Management dated 22.06.2020 submitted by the petitioner on 30.06.2020, by allowing this Writ Petition in the interest of justice and equity vide Annexure-E.

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OR IN THE ALTERNATIVE

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b). Issue a Writ in the nature of Mandamus directing the Respondent-Board to consider the representation dated 22.06.2020 submitted on 30.06.2020 by the Petitioner produced at Annexure-'E' in accordance with law, by allowing this Writ Petition in the interest of justice and equity.

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C). Pass such other orders/directions as this Hon'ble Court deems fit in the facts and circumstances of this case in the interest of justice and equity.''

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Learned counsel for the petitioner submits that the

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petitioner have submitted a draft scheme of management as far back as on 22.06.2020. The said draft scheme of management is in terms of Rule 48 of the Karnataka Waqf Rules, 2017. That

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the respondent-Board without even passing any order, either accepting or rejecting the matter, has kept the same in abeyance. He submits that the institution concerned does not

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NC: 2026:KHC:8254 WP No. 29398 of 2023

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HC-KAR

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have any scheme for administration even till date. Hence seeks for allowing of the petition.

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As seen, petitioner has submitted the draft scheme of management which appears to be in terms with Section 32(2)(d) of the Waqf Act, 1995 read with Rule 48 and Form 42 of the Karnataka Waqf Rules, 2017. The said draft scheme appears to have been submitted as far back as on 22.06.2020. Approval of the said scheme is within the domain of the respondent-Board. Since there appears to be no progress in the matter and also in the view of there being no scheme of management of the aforesaid Institution, petition is allowed.

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Respondent-Board is directed to consider the scheme as submitted by the petitioner and if it satisfies the requirement of law referred to above, proceed to pass appropriate order within an outer limit of 90 days, from the date of receipt of certified copy of this order.

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SD/(M.G.S. KAMAL) JUDGE

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List No.: 1 Sl No.: 14

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The Managing Committee v. the Karnataka State Board of Auqaf

Case brief

What is this about?

What did the court decide?

The Managing Committee v. the Karnataka State Board of Auqaf

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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