Karnataka High Court
Baba S/O. Wazirsab Dafedar vs The Chief Administrative Officer on 19 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:15911
WP No. 105273 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 19TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 105273 OF 2023 (GM-WAKF)
BETWEEN:
BABA S/O. WAZIRSAB DAFEDAR,
AGE: 43 YEARS,
OCC:AGRICULTURE,
R/O. DIDDIKERA ONI,
KOPPAL-583231,
TQ/DIST. KOPPAL.
...PETITIONER
(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
AND:
1. THE CHIEF ADMINISTRATIVE OFFICER,
KARNATAKA STATE BOARD OF AUQAF,
DARUL AWKAF, #6,
CUNNINGHAM ROAD,
BANGALORE-560052.
2. THE DISTRICT AUQAF OFFICER,
DISTRICT AUQAF ADVISORY COMMITTEE,
Digitally signed by
RAKESH S KOPPAL-583231,
HARIHAR TQ/DIST. KOPPAL.
Location: High
Court of
Karnataka,
Dharwad Bench, 3. THE TAHASILDAR
Dharwad
KOPPAL TALUKA,
KOPPAL-583231,
TQ/DIST. KOPPAL.
...RESPONDENTS
(BY SRI.T.HANUMAREDDY, AGA FOR R3;
SRI. D.L. LADKHAN, ADVOCATE FOR R1;
R2-SERVED)
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NC: 2025:KHC-D:15911
WP No. 105273 of 2023
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
I) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF
WRIT OF CERTIORARI TO QUASH THE IMPUGNED NOTICE
BEARING NO.KSBA/ENQ-52/03/KPL/2023 DATED 01.02.2023
ISSUED BY THE 1ST RESPONDENT AS PER ANNEXURE-A.
II) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF
WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO
DELETE THE CONDITION ENTERED IN COLUMN NO.11 OF
THE RECORD OF RIGHTS OF THE PETITION PROPERTY
BEARING SY.NO.8/6 MEASURING 38 GUNTAS EXCLUDING 02
GUNTAS OF PHOT KHARAB LAND SITUATED AT HUVINAHAL
VILLAGE OF TQ AND DIST.KOPPAL AND TO ISSUE FRESH
RECORD OF RIGHTS IN FAVOUR OF THE PETITIONER AS PER
ANNEXURE-B.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question a notice dated 01.02.2023 by which the petitioner is directed to appear before the Wakf Board to establish as to why the sale that has happened in contravention of Section 52 of the Waqf Act should not be annulled.
2. Heard the learned counsel Sri.Shriharsh A. Neelopant, appearing for the petitioner, the learned counsel Sri.D.L. Ladkhan for respondent No.1 and the learned AGA for respondent No.3.
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NC: 2025:KHC-D:15911 WP No. 105273 of 2023 HC-KAR
3. Facts in brief germane are as follows. The petitioner is said to be the absolute owner in possession of the property in Survey No.8/6 measuring 38 guntas situated in Huvinahal village of Taluk and District Koppal, in terms of a registered sale deed dated 30.07.2020 executed by one Budnesab S/o Khadarsab Malipatil. A little history to the case is that the Land Tribunal considering the claim and possession of Khadarsab on the subject property under Service Inam or Khidmati Inam passes an order in terms of Section 19(1) of the Karnataka Land Reforms Act by holding an inquiry with regard to concerning 13 acres and 08 guntas. It is later the father of the vendor of the petitioner gets the rights from the hands of the Land Tribunal for being an occupant of the land on 18.05.1981. It is then the sale has taken place to the hands of the petitioner from the vendor. The Waqf Board issues a notice on 01.02.2023 seeking to conduct an enquiry under Section 52 of the Waqf Act on the score that the sale that has taken place from the vendor to the petitioner being in contravention of the provisions of the Waqf Act. The notice so issued under Form No.60 is what has driven the petitioner to this Court in the subject petition. -4-
NC: 2025:KHC-D:15911 WP No. 105273 of 2023 HC-KAR
4. The learned counsel appearing for the petitioner submits that they have submitted their reply to the notice and since it was without jurisdiction has approached this Court in the subject petition.
5. The learned counsel further submits that overnight the name of Waqf was entered in Column No.11 of the record of rights without any rhyme or reason or the Waqf Board having no right or interest in the property having no right for such entry.
6. Per contra, the counsel Sri. D.L. Ladkan would seek to defend the action contending that it is only a notice that is given under Form No.60 and it is for the petitioner to appear and establish that he is the lawful owner of the property failing which it becomes a Waqf property.
7. The learned counsel for the petitioner would now seek to join issue contending that the Waqf Board has now issued a notice contending that it is a Waqf property after 43 years of the notification issued under Section 52 of the Waqf Act. Therefore, would submit that the very issuance of show cause notice is without jurisdiction. He would seek to place reliance -5- NC: 2025:KHC-D:15911 WP No. 105273 of 2023 HC-KAR upon the judgments rendered by the Co-ordinate Benches of this Court to buttress his submission for quashment of the proceedings. The Co-ordinate Bench has in identical circumstances held as follows.
"1. It is not in dispute that the lands in question i.e., Sy.No.822/14 measuring 20 guntas (in W.P.No.103231/2021) and Sy.No.824 measuring 15 guntas (in W.P.No.103106/2021) were the subject matters of proceedings under the Land Reforms Act.
2. It is also not in dispute that the Land Tribunal has registered the petitioners as an occupants in respect of Sy.No.822/14 measuring 20 guntas (in W.P.No.103231/2021) and Sy.No.824 measuring 15 guntas (in W.P.No.103106/2021) along with two other survey numbers, by its order dated 19.10.1981. This order has remained unchallenged to this day.
3. Notwithstanding the order passed by the Land Tribunal, the proceedings have been initiated by the Enquiry Officer under Section 54 of the WAKF Act in respect of Sy.No.822/14 and Sy.No.824. It is to be observed here that in the proceedings before the Land Tribunal in respect of Sy.No.822/14 and Sy.No.824, the District Wakf Committee was also a party. Thus, an order in respect of Sy.No.822/14 and Sy.No.824 was passed with the notice to the District Wakf Committee.
4. It may be pertinent to state here that the District Wakf Committee had in fact staked a claim in respect of both Sy.No.822/14 and Sy.No.824, but the Land Tribunal had unanimously rejected the said applications. Thus, the claim, if any by the Wakf Board in respect of Sy.No.822/14 and Sy.No.824 was considered by the Land Tribunal and was rejected by the Land Tribunal.
5. So long as the order of the Land Tribunal has remained unchallenged, it would not be open for the Enquiry Officer to exercise power under Section 54 of the WAKF Act and to come to the conclusion that Sy.No.822/14 -6- NC: 2025:KHC-D:15911 WP No. 105273 of 2023 HC-KAR and Sy.No.824 were Wakf properties. If this were to be permitted, it would amount to nullifying the order of the Land Tribunal, which has remained unchallenged. I am therefore of the view that the impugned order passed by the Enquiry Officer cannot be sustained and the same is quashed.
6. If it is permissible in law for the Wakf Board to establish their rights over Sy.No.822/14 and Sy.No.824 by initiating a legal proceedings under any law, they may do so. However, they cannot take recourse to a proceeding and Section 54 of the WAKF Act to get over an order of the Land Tribunal by which the petitioners have been registered as an occupants."
8. The said judgment is again followed by a subsequent order which reads as follows:
"2. Learned AGA accepts notice for the respondent Nos.1 to 3 and he is permitted to file a memo of appearance within a period of two weeks.
3. The petitioner's grievance is that the name of the Waqf Board is entered in the record of rights without issuing entered notice to the petitioner whose name was mutated in the revenue record..
4. In the instant case, the name of the Waqf Board is entered in Column No.11 of the record of rights without issuing notice to the petitioner. In identical circumstances, this Court in W.P. No.103231/2021 and W.P. No.101434/2022 has allowed the said writ petitions and directed restoration of the names of the petitioners therein and reserved liberty to the revenue authorities to pass appropriate order after issuing notice to the interested parties. In view of the same, I pass the following:
ORDER The writ petition is allowed.-7-
NC: 2025:KHC-D:15911 WP No. 105273 of 2023 HC-KAR The respondent No.3 is hereby directed to the delete the name of respondent No.4 in Coiuma No.11 of the record of rights in respect of the properties bearing Sy.No.429/* measuring 5 acres and Sy. No.430/3 measuring 8 acres 14 guntas both situated at Tavaragera of Kushtagi Taluka, Koppal District. Liberty is reserved with the respondents-revenue authorities to pass appropriate orders after issuing notice to the interested parties."
9. The Co-ordinate Bench clearly holds on identical set of facts that so long as the order of the Land Tribunal has remained unchallenged, it would not be open for the enquiry officer to exercise power under Section 54 of the Waqf Act and come to conclude that they were prima facie even Waqf properties. If this were to be permitted, it would amount to nullifying the order of the Land Tribunal which remained unchallenged. Therefore, the Co-ordinate Bench quashes the impugned action therein.
10. In the case at hand as well, the order of the Land Tribunal has remained unchallenged. Having kept quiet, the Waqf cannot now use Section 54 of the Waqf Act to get over the order of the Land Tribunal and summon the petitioner to answer as to why the sale pursuant to which he has come into possession should not be annulled.
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NC: 2025:KHC-D:15911 WP No. 105273 of 2023 HC-KAR
11. In the light of the issue standing answered by the aforesaid Co-ordinate Benches, there is no warrant to pass any other order other than what the Co-ordinate Benches have held. For the aforesaid reasons, the following:
ORDER
i) The writ petition is allowed.
ii) The impugned notice bearing No.KSBA / ENQ -
52 / 03 / KPL / 2023 dated 01.02.2023 issued by the respondent No.1 is hereby quashed.
Sd/-
(M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 76