Only Wakf Tribunal Is Competent To Adjudicate Question On Nature Of Waqf: Karnataka HC
The Karnataka High Court has held that only a Wakf Tribunal is competent to adjudicate questions on the nature of waqf.
The Court quashed the proceedings initiated by the Law Committee of the Karnataka State Board of Waqf observing that that the Committee did not have jurisdiction to revisit a 1976 order passed by the then Administrator of the Karnataka State Board of Waqf, declaring a portion of the disputed property as private property.
A Single Bench of Justice M.G.S. Kamal observed, “From the above, it is clear that the order dated 26.11.1976 has been passed by the Administrator of the Waqf Board who was having all powers and authority to discharge his function of the Board and in exercise of quasi judicial functions of the Board had passed the said order which in the absence of any specific provisions cannot be recalled or reviewed or set at naught except by a competent court of law /Tribunal. Therefore, the proceedings dated 12.03.2020 by the respondent-State Board of Waqf constituting a Law Committee to annul the order of the Administrator is outside the purview of the provisions of the Waqf Act.”
Senior Advocate G. Krishnamurthy appeared for the Petitioner, while Advocate Haneef represented the Respondents.
The Petitioner filed the Writ Petition to quash the proceedings initiated by the Respondents. The dispute pertained to the property which was originally listed as Waqf property under a 1965 notification by the then Mysore State Board of Waqf.
In 1976, the Administrator of the Karnataka State Board of Waqf declared a portion of the property as private property through an order and directed its removal from the list of Waqf properties. This decision was followed by a notification formally delisting the property. The Petitioner claims to be the descendant of Shah Mohammed Raza Ali Shah Shuttari, to whom the property allegedly originally belonged.
The Committee constituted in 2020 sought to revisit the 1976 decision. The Respondents, in their objections, invoked the principles of “once a Waqf is always a Waqf” and argued that the notification was illegal. The Committee, through its proceedings, aimed to re-register the property as Waqf property in the government gazette.
The High Court held that the proceedings by a Waqf Board in constituting a Law Committee to annul an order of an Administrator with quasi judicial functions declaring Waqf property was outside the purview of the Waqf Act.
the Bench noted that the Karnataka State Waqf Board had proceeded to constitute the present Committee to annul the order passed by the Administrator on the premise of the principles "once a waqf is always a waqf" and not on the allegation of any fraud, misrepresentation or misleading.
“Necessary at this juncture to note that assuming even if the order passed by the Administrator is a nullity and void-ab-initio, untill and unless the same is set aside by an order of a court of competent jurisdiction, the same continuous to be in force,” the Court remarked.
Consequently, the Court held that “should there any question with regard to the nature of the Waqf, it is only Tribunal at the instance of 'Board', or mutawalli of the Waqf or any person aggrieved which is competent to adjudicate the matter and none-else.”
Accordingly, the High Court allowed the Petition.
Cause Title: Jabir Ali Khan Alias Shuja v. Karnataka State Board Of Wakfs & Ors. (Neutral Citation: 2024:KHC:36898)
Appearance:
Petitioner: Senior Advocate G. Krishnamurthy; Advocate Mohammed Arif Khan Makki
Respondents: Advocates Haneef, Mohammed Niyaz S., Manamohan P.N., and Ayaz Ahmed