Karnataka High Court
T H M Manjunath vs Karnataka State Board Of Auqaf on 26 July, 2024
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 103351 OF 2022 (GM-WAKF)
C/W
WRIT PETITIION NO.103349 OF 2022 (GM-WAKF)
WRIT PETITION NO.103352 OF 2022 (GM-WAKF)
WRIT PETITION NO.103353 OF 2022 (GM-WAKF)
WRIT PETITION NO.103354 OF 2022 (GM-WAKF)
WRIT PETITION NO.101212 OF 2023 (GM-WAKF)
IN WP NO.103351 OF 2022
BETWEEN:
S.M. KOTRAIAH
S/O. S.M. PANCHAKSHARAIAH,
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE,
R/O. BALIGUR, GAJAPURA POST,
HARAPANAHALLI TALUK,
DISTRICT: VIJAYANAGAR-560040.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. KARNATAKA STATE BOARD OF AUQAF,
BENGALURU, #6, CUNNINNG ROAD,
BANGALORE-560052,
BY ITS CHIEF EXECUTIVE OFFICER.
2. INQUIRY OFFICER AND ESTATE OFFICER,
KARNATAKA STATE BOARD OF AUQAF,
BENGALURU-560001.
3. BAHADUR KHAN MASJID (SUNNI),
BY ITS PRESIDENT,
HARAPANHALLI TALUK,
DISTRICT: VIJAYANAGAR,
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ERSTWHILE DAVANGERE,
560040.
...RESPONDENTS
(BY SRI. MUHAMMED ALI, ADV. FOR R1 & R2;
SRI. D.L. LADKHAN, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED
REPORT/ORDER DATED 12.10.2021 PASSED BY THE 2ND
RESPONDENT BEARING NO.KSBA/ENQ/39/DVG/2016 PRODUCED AT
ANNEXURE-G.
IN WP NO 103349 OF 2022
BETWEEN
K. YOGESHWARA
S/O. K. KUMARAPPA,
AGED ABOUT 33 YEARS,
OCC: AGRICULTURE,
R/O. MYDUR VILLAGE,
HARAPANAHALLI TALUK,
DISTRICT: VIJAYANAGAR-560040.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. KARNATAKA STATE BOARD OF AUQAF,
BENGALURU, #6, CUNNINNG ROAD,
BANGALORE-560052,
BY ITS CHIEF EXECUTIVE OFFICER.
2. INQUIRY OFFICER AND ESTATE OFFICER,
KARNATAKA STATE BOARD OF AUQAF,
BENGALURU-560001.
3. BAHADUR KHAN MASJID (SUNNI),
BY ITS PRESIDENT,
HARAPANHALLI TALUK,
DISTRICT: VIJAYANAGAR,
ERSTWHILE DAVANGERE, 560040.
...RESPONDENTS
(BY SRI. MUHAMMED ALI, ADV. FOR R1 & R2;
SRI. D.L. LADKHAN, ADV. FOR R3)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI QUASHING THE IMPUGNED REPORT/ORDER DATED
12.10.2021 PASSED BY THE 2ND RESPONDENT BEARING
NO.KSBA/ENQ/41/DVG/2016 PRODUCED AT ANNEXURE-G.
IN WP NO 103352 OF 2022
BETWEEN
T.H.M. MANJUNATH
S/O. T.H.M. VEERUPAKSHAYYA,
AGE: 43 YEARS,
R/O. 11TH WARD, SUNAGAR STREET,
HARAPANAHALLI TALUK,
DISTRICT: VIJAYANAGAR-580040.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. KARNATAKA STATE BOARD OF AUQAF,
BENGALURU-560001,
#6, CUNNINNG ROAD,
BANGALORE-560052,
BY ITS CHIEF EXECUTIVE OFFICER.
2. INQUIRY OFFICER AND ESTATE OFFICER,
KARNATAKA STATE BOARD OF AUQAF,
BENGALURU-560001.
3. BAHADUR KHAN MASJID (SUNNI),
BY ITS PRESIDENT,
HARAPANHALLI TALUK,
DISTRICT: VIJAYANAGAR-580040.
...RESPONDENTS
(BY SRI. MUHAMMED ALI, ADV. FOR R1 & R2;
SRI. D.L. LADKHAN, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI QUASHING THE IMPUGNED REPORT/ORDER DATED
12.10.2021 PASSED BY THE 2ND RESPONDENT BEARING
NO.KSBA/ENQ/25/DVG/2016 PRODUCED AT ANNEXURE-H.
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IN WP NO 103353 OF 2022
BETWEEN
SRI. K. RAVICHANDRAN
S/O. K. KUMARAPPA,
AGED ABOUT 37 YEARS,
OCC: AGRICULTURE,
R/O. MYDUR VILLAGE,
HARAPANAHALLI TALUK,
DISTRICT: VIJAYANAGAR-560040.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. KARNATAKA STATE BOARD OF AUQAF,
BENGALURU,
#6, CUNNINNG ROAD,
BANGALORE-560052,
BY ITS CHIEF EXECUTIVE OFFICER.
2. INQUIRY OFFICER AND ESTATE OFFICER,
KARNATAKA STATE BOARD OF AUQAF,
BENGALURU-560001.
3. BAHADUR KHAN MASJID (SUNNI),
BY ITS PRESIDENT,
HARAPANHALLI TALUK,
DISTRICT: VIJAYANAGAR,
ERSTWHILE DAVANGERE,
560040.
...RESPONDENTS
(BY SRI. MUHAMMED ALI, ADV. FOR R1 & R2;
SRI. D.L. LADKHAN, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI QUASHING THE IMPUGNED REPORT/ORDER DATED
12.10.2021 PASSED BY THE 2ND RESPONDENT BEARING
NO.KSBA/ENQ/42/DVG/2016 PRODUCED AT ANNEXURE-G.
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IN WP NO 103354 OF 2022
BETWEEN
S.M. VEERAYYA
S/O. PANCHAKSHARIAH,
AGED ABOUT 50 YEARS,
OCC: AGRICULTURE,
R/O. BALIGUR, GAJAPURA POST,
HARAPANAHALLI TALUK,
DISTRICT: VIJAYANAGAR.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. KARNATAKA STATE BOARD OF AUQAF,
BENGALURU,
#6, CUNNINNG ROAD,
BANGALORE-560052,
BY ITS CHIEF EXECUTIVE OFFICER.
2. INQUIRY OFFICER AND ESTATE OFFICER,
KARNATAKA STATE BOARD OF AUQAF,
BENGALURU-01.
3. BAHADUR KHAN MASJID (SUNNI),
BY ITS PRESIDENT,
HARAPANHALLI TALUK,
DISTRICT: VIJAYANAGAR,
ERSTWHILE DAVANGERE,
583103.
...RESPONDENTS
(BY SRI. MUHAMMED ALI, ADV. FOR R1 & R2;
SRI. D.L. LADKHAN, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED
REPORT/ORDER DATED 12.10.2021 PASSED BY THE 2ND
RESPONDENT BEARING NO.KSBA/ENQ/40/DVG/2016 PRODUCED AT
ANNEXURE-G.
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IN WP NO 101212 OF 2023
BETWEEN
SRI. JAFARSAB
S/O. IMAMSAB MASALWADAD,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. NO.9, WARD TEKKADA GARADIKERI,
HARAPANAHALLI VILLAGE,
TALUKA: HARAPANAHALLI,
DISTRICT: VIJAYANAGAR-582101.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND
1. KARNATAKA STATE BOARD OF AUQAF,
BENGALURU, #6, CUNNINNG ROAD,
BANGALORE-560052,
BY ITS CHIEF EXECUTIVE OFFICER.
2. ENQUIRY OFFICER AND
CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD OF AUQAF,
CUNNINGHAM ROAD, BENGALURU-560001.
3. CHIKKA MASJID ASHURKHANA SUNNI
HARAPANAHALLI VILLAGE,
TALUKA: HARAPANAHALLI,
DISTRICT: DAVANAGERE-582101.
BY ITS PRESIDENT R. DASTAGIRSAB
S/O. LATE ABDUL REHMANSAB.
...RESPONDENTS
(BY SRI. MUHAMMED ALI, ADV. FOR R1 & R2;
SRI. D.L. LADKHAN, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED
REPORT/ORDER DATED 04.01.2023 PASSED BY THE 2ND
RESPONDENT BEARING NO.ENQ-52/04/DVG/2022 PRODUCED AT
ANNEXURE-H.
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THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 18.07.2024, COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In these writ petitions, the primary issue revolves around the challenge to the orders passed by Respondent No. 1, which nullified alienations made in favor of the petitioners, alleging violations of Section 51 of the Waqf Act, 1995 (for short "the Act"). The petitioners argue against the jurisdiction exercised by the Waqf Board in invoking Section 52 of the Act, leading to the requisition sent to the Deputy Commissioner, Ballari. The central question is whether the properties in question are waqf properties or were rightfully vested with the petitioners following the abolition of inam lands under the Karnataka Certain Inam Abolition Act, 1977 ("the Act of 1977").
2. The factual matrix reveals that the subject lands in Sy.No.78, situated in Gajapur village, Harapanahalli Taluk, were originally granted as inam lands to Khaji Dali Saheb, the ancestor of Buden Sab and -8- Bahaddur Sab, for their services to the local Mosque. Upon the enactment of the Act of 1977, the original occupants filed Form No.1, seeking to register their occupancy rights. Simultaneously, the Waqf Board filed an application to declare the properties as waqf lands. The Land Tribunal's order dated 21.09.1982 granted occupancy rights to Buden Sab and Bahaddur Sab while rejecting the Waqf Board's claim. Subsequent certificates of registration were issued, and the properties were sold to the current petitioners via valid sale deeds.
3. The petitioners argue that the Land Tribunal's decision, which granted occupancy rights to individuals, was never challenged by the Waqf Board, thus making the proceedings under Sections 51 and 52 of the Act invalid. They assert that the properties were never intended to be waqf properties, as evidenced by the Land Tribunal's decision and the subsequent conduct of the petitioners and their predecessors, who have enjoyed the properties for an extended period. Moreover, they contend that the Waqf Board's actions are barred by delay and laches, as the -9- orders were only passed in 2022 and 2023, long after the properties stood vested with the state.
4. In contrast, the respondents argue that the lands were always intended to serve the Mosque and that the original grant was conditional upon the services rendered by Buden Sab and Bahaddur Sab. They assert that the lands were indeed waqf properties, citing a gazette notification from 17.10.1964 that classified the lands as such. The respondents maintain that the Waqf Board's jurisdiction under the Act includes the power to nullify illegal alienations and reclaim waqf properties, regardless of any prior administrative errors or omissions.
5. Heard the learned counsel for the petitioners, and learned counsel for the respondents and perused the material on record. I have given my anxious consideration to the judgments cited by the learned counsel for the petitioners and also thoroughly examined the statement of objection filed by the respondents.
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6. In this case, the inam was granted to individuals and not to the institution, as evidenced by the Land Tribunal's order dated 21.09.1982, which granted occupancy rights to Buden Sab and Bahaddur Sab. The Division Bench, interpreting sub-section (4) of Section 14, held that all rights and titles of inam lands, including those associated with religious institutions, vested with the State Government upon the abolition of inams under the Karnataka Certain Inam Abolition Act, 1977. This vesting supersedes any prior notifications or designations under the Waqf Act, including the Gazette notification of 17.10.1964, which erroneously identified the land as waqf property. The Waqf Board's failure to challenge the Land Tribunal's decision renders their subsequent actions under Sections 51 and 52 of the Waqf Act without jurisdiction. Furthermore, the petitioners acquired the lands through valid sale deeds and have enjoyed the property for an extended period, solidifying their rights. The Supreme Court's ruling in the case of Cheddilal Yadav supports this
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position, establishing that the rights acquired under registered sale deeds for valuable consideration are protected by the passage of time. Thus, the Waqf Board's actions, based on an outdated and invalid Gazette notification, cannot undermine the legal ownership established by the Act of 1977, which overrides any other conflicting laws, including the Waqf Act, 1954.
7. The Division Bench judgment rendered in W.A.No.5591/2011 c/w W.A.No.379/2012 revolves around the interpretation and application of the Karnataka Certain Inam Abolition Act, 1977, particularly focusing on the vesting of inam lands with the State Government and the implications of such vesting on rights previously associated with these lands. Para 21 and 22 of the Division Bench judgment would be relevant and the same is extracted as under:
"21. The Inams Abolition Act was enacted by the state legislature in public interest to provide for the abolition of Religious Charitable inams in the Mysore area. It applies to religious inams including the Sringeri Jahgir and charitable inams. The explanation to sub- section (3) of Section 1 provides/extends the meaning of 'Religious inam' or 'charitable inam'. It means a grant
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of a village, portion of a village or land entered in the register of imams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government as Devadaya inam Dharmadaya inam, as the case may be. 'Inamdar' means a religious or charitable institution owning an inam. Section 3 of the Act provides for consequences of vesting for an inam in the State. It provides when the notification under sub-section (4) of Section 14 in respect of any inam has been published in the Mysore Gazette, then, notwithstanding anything contained in any contract, grant or other instrument or in any other law for the time being in force, with effect on and from the date of vesting, and save as otherwise expressly provided in this Act. The consequences which follow are enumerated. Clause (b) provides all rights, title and interest vesting in the inamdar including those in all communal lands, cultivated lands, uncultivated lands, whether assessed or not, waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries and ferries, shall cease and be vested absolutely in the State of Mysore, free from all encumbrances and persons who are entitled to be registered as occupants are given an opportunity to make an application and in the absence of any such claims from the occupants, the inamdar has been given a right to seek for regrant of the land for which there are no claims or claim compensation in respect of the lands which cannot be regranted.
22. From the material on record, it is clear both from the Sanad and also the entries in the quit-rent register it is clear the land in question is entered as an inam land. In para-7 of the petition, second petitioner claims to be an Inamdar of the land. The land in question is given as an inam to the second petitioner which is a Religious and Charitable Institution. Therefore, Section 3 of the Inams Abolition Act is attracted. When a notification was issued extending the provisions of the Act to the land in question, the said land vested with the State Government free from all encumbrances. Neither the validity of the Act nor the notification extending the application of the Act to the
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land was challenged by the petitioners for nearly 50 long years. Even now, what is challenged is the notification and not the validity of the Act. The notification is issued in pursuance of the Act. If the Act is applicable the notification only extends the application of the Act. When the Act is not challenged, the notification cannot be challenged. Even otherwise, as is clear from the statutory provision the land in question being an inam land and the second petitioner being the inamdar, the said land vested with the Government free from all encumbrances. Therefore, the Inam Abolition Act is applicable to the land in question, and the lands vested with the Government free from all encumbrances."
8. The primary issue before the Division Bench was whether the inam lands, which were granted for religious or charitable purposes, vested with the State Government upon the abolition of inams. The court interpreted sub-section (4) of Section 14 of the 1977 Act, which deals with the publication of notifications regarding inams. The judgment clarified that upon the abolition of inams, all rights and titles associated with these lands, irrespective of their previous religious or charitable nature, stood vested with the State Government. This vesting was absolute and extinguished all prior rights, including any claims based on the religious or institutional status of the inam.
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9. The Division Bench emphasized the overriding nature of the Karnataka Certain Inam Abolition Act, 1977, particularly due to its 'Non Obstante Clause,' which asserts its supremacy over any other laws in force, including the Wakf Act, 1954. This means that even if certain properties were previously designated as waqf (endowment) properties under the Waqf Act, they would still be subject to the provisions of the 1977 Act, leading to the vesting of these properties with the State Government.
10. The judgment specifically addressed the issue of prior Gazette notifications that might have identified certain lands as waqf properties. The court held that such notifications could not override the statutory provisions of the 1977 Act. As a result, any designation of properties as waqf properties made before the vesting provisions came into effect was rendered null and void. The Act's vesting provisions took precedence, effectively nullifying the previous status or designations of the lands.
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11. This Court has examined the rights of individuals who acquired these lands through sale deeds after the vesting provisions came into effect. The court observed that once the lands vested with the State Government, the subsequent sale of these lands and the rights of transferees were protected under the law. The court underscored that the rights acquired under registered sale deeds, provided they were made for valuable consideration, could not be easily disregarded. This protection extended to ensuring that such rights were not undermined by later actions or claims made by entities such as the Waqf Board.
12. Finally, this Court while addressing the jurisdictional aspect, is of the view that the Waqf Board lacked the authority to challenge the vested status of the lands or to assert control over them, given that these lands were no longer considered waqf properties after vesting with the State. The court found that any actions taken by the Waqf Board under Sections 51 and 52 of the
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Waqf Act, without first challenging the Land Tribunal's order or the statutory vesting, were without jurisdiction and thus invalid.
13. In summary, the Division Bench judgment reinforced the supremacy of the Karnataka Certain Inam Abolition Act, 1977, in governing the fate of inam lands, clarified the effect of statutory vesting with the State, and delineated the limitations on the powers of the Waqf Board concerning such lands. The judgment underscored the finality and binding nature of the Act's provisions, providing clarity and certainty to the status of the lands and the rights of individuals and institutions associated with them.
14. Upon a detailed examination of the records, the court finds that the properties in question were indeed granted to individuals for their services and not to the Mosque as a waqf institution. The Land Tribunal's order of 21.09.1982, which granted occupancy rights to Buden Sab and Bahaddur Sab, was never contested by the Waqf Board, making the subsequent actions under Sections 51
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and 52 of the Act without jurisdiction. This court emphasizes that Section 4 of the Act of 1977 explicitly states that all inam lands vest with the State Government, free from all encumbrances, overriding any conflicting laws, including the Waqf Act.
15. This Court references the precedent set in W.A.No.5591/2011 c/w W.A.No.379/2012, which reinforced that upon the abolition of inams, the lands vest with the State Government, regardless of any previous religious or charitable designations. Consequently, the Court concludes that the impugned orders are unsustainable and must be quashed, as the properties were not waqf lands but rather vested in the petitioners following a valid legal process.
16. For the reasons stated supra, this Court proceeds to pass the following:
ORDER
i) The writ petitions are allowed;
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ii) The impugned orders dated 12.10.2021 and 04.01.2023, issued by Respondent No.1, are hereby quashed.
Sd/-
JUDGE MBS Ct-mck