Petitioner trust challenged Wakf Board's registration of land with another entity and scheme approval. Court held writ maintainable only under Sec 83; as appeal pending, subsequent representations deferred; petition disposed with liberty to seek alternative remedy.
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NC: 2026:KHC:51 WP No. 37738 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 37738 OF 2025 (GM-WAKF)
BETWEEN:
MASJID- E- AMEENA EDUCATION AND CHARITABLE TRUST DEVABEESANAHALLI, BEHIND INTEL VARTHUR HOBLI, BELLANDUR POST BENGALURU-560103 REPRESENTED BY ITS SECRETARY ISMAIL AZAD SHEIKH.
…PETITIONER
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
(BY SRI. MOHAMMED AKRAM UPPINAL., ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL, ADVOCATE)
AND:
NC: 2026:KHC:51 WP No. 37738 of 2025
HC-KAR
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE REGISTRATION CERTIFICATE BEARING NO.KSBA/REG/01/BNU(s)/2021-2022 DATED 14.02.2022 ISSUED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-F; (II) ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 29.11.2023 BEARING NO. KSBA/SOA/02/BNU(s)/23-24 PASSED BY THE RESPONDENT NO.1 APPROVING THE SCHEME OF ADMINISTRATION OF RESPONDENT NO. 3 INSTITUTION VIDE ANNEXURE-H; (III) ISSUED WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 04.10.2025 VIDE ANNEXURE-N AND N1, AND DIRECT THE RESPONDENT AUTHORITIES TO RIGHTFULLY ISSUE THE REGISTRATION CERTIFICATE IN THE NAME OF PETITIONER TRUST.
NC: 2026:KHC:51 WP No. 37738 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner, which asserts to be an Educational and Charitable Trust that has purchased 3,600 square feet of land in the years 2013 and 2016, is aggrieved by the issuance of a Registration Certificate dated 14.02.2022 to the third respondent and the approval of the Scheme for administration of the third respondent. The petitioner also seeks directions to the authorities to consider its representation dated 04.10.2025. Mr Mohammed Akram Uppinal, the learned counsel for the petitioner, is heard for disposal of the petition.
Mr. Mohammed Akram Uppinal cannot dispute that both the impugned Registration and the approval order can be called in question under Section 83 of the Wakf Act, 1995. This Court,
NC: 2026:KHC:51 WP No. 37738 of 2025
HC-KAR
notwithstanding the petitioner's case that notice preceding the registration mentions one name and the registration is in the name of another [ the third respondent with a change in the name ] that the petitioner must avail the alternative remedy. Insofar as the representation dated 04.10.2025, this Court must observe that the consideration thereof would be subject to outcome in the appeal that the petitioner may file against the afore registration and the order granting approval for the Scheme. Therefore there is no reason for interference under Article 226 of the Constitution of India, and as such, the petition stands disposed of reserving liberty to the petitioner, subject to all just exceptions, to avail alternative remedy in accordance with law.
Sd/(B M SHYAM PRASAD) JUDGE
AN/-
2 issues framed by the court
Whether writ jurisdiction is maintainable for quashing the registration certificate and scheme approval by Wakf authorities when Section 83 provides specific machinery rules.
Whether the Court can issue directions to consider representations filed subsequently while an appeal against the same orders is pending.
2 provisions across 2 enactments
Masjid- E- Ameena Education and Charitable Trust Devabeesanahalli
Karnataka State Board of Auqaf
District Wakf Officer
Masjid-E-Ameena (Sunni)
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
