Karnataka State Board Of Wakfs vs The State Of Karnataka
2022 Latest Caselaw 11667 Kant

                            1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF SEPTEMBER, 2022

                       PRESENT

             THE HON'BLE MR. ALOK ARADHE
                 ACTING CHIEF JUSTICE

                           AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

              W.A.No.397/2022(LB-BMP)

BETWEEN:

KARNATAKA STATE BOARD
OF WAKFS
'DARUL AWKAF'
NO.6 CUNNINGHAM ROAD
BENGALURU
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.              ...APPELLANT

(BY SMT. SWATHI ASHOK, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS
       CHIEF SECRETARY
       VIDHANA SOUDHA
       BENGALURU - 01.

2.     THE ADDL. CHIEF SECRETARY
       URBAN DEVELOPMENT DEPART (BBMP)
       VIKAS SOUDHA
       BENGALURU - 01.

3.     THE COMMISSIONER
       BRUHAT BENGALURU MAHANAGARA
       PALIKE, BENGALURU - 02.
                            2

4.   THE SPECIAL COMMISSIONER (PROPERTY)
     BRUHAT BENGALURU MAHANAGARA
     PALIKE, BENGALURU - 02.

5.   THE JOINT COMMISSIONER (SOUTH)
     BRUHAT BENGALURU MAHANAGARA
     PALIKE, BENGALURU - 02.

6.   THE PRESIDENT
     MASJIT-E-ISLAMA-BAD
     BASAVANAGUDI
     BENGALURU - 04.

7.   THE PRESIDENT
     JAYANAGARA NAGARIKARA
     SAMITI(R) 1396/10, 37TH CROSS
     11TH MAIN, 4TH T BLOCK
     JAYANAGARA BENGALURU - 11
     REPRESENTED BY ITS PRESIDENT.     ...RESPONDENTS

(BY SMT. PRATHIMA HONNAPURA, A.G.A. FOR R-1 & R-2;
    SRI PRAKASH A, ADV., FOR
    SRI ARAVIND M NEGLUR, ADV., FOR R-3 TO R-5;
    SRI K. RAMA BHAT, ADV., FRO R-7;
    R-6 SERVED)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS
WRIT APPEAL AND SET ASIDE THE ORDER PASSED BY THE
LEARNED SINGLE JUDGE BY ORDER DATED 13.04.2022 IN WP
No-6955/2022.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE
FOLLOWING:

                   JUDGMENT

This intra court appeal arises from an order dated

13.04.2022 passed by the learned Single Judge of this

Court, by which, the writ petition preferred by the

appellant has been dismissed.

2. Facts giving rise to the filing of this appeal

briefly stated are, that an order dated 30.06.2011 was

issued by the Deputy Secretary to Government of

Karnataka, by which, the Commissioner, Bruhat

Bengaluru Mahanagara Palike was directed to delete the

name of the appellant from the khatha. The aforesaid

order was challenged by the appellant in a writ petition

viz., W.P.No.27054/2011 which was disposed of by a

bench of this Court by order dated 27.07.2011, wherein

the order dated 30.06.2011 was quashed and the matter

was remitted to the State Government to pass

appropriate orders in accordance with law.

3. In pursuance of the aforesaid order, a notice was

issued to the appellant on 15.03.2022. The appellant

challenged the aforesaid notice in a writ petition which

has been dismissed by order dated 13.04.2022. In the

aforesaid factual background, this intra court appeal has

been filed.

4. Learned Counsel for the appellant submitted that

the State Government has no authority to adjudicate the

question of title in respect of the property.

5. On the other hand, learned Counsel for

respondent nos.3 to 5 has prayed for adjournment on the

ground that Senior is not in station.

6. We have considered the submission made by the

learned Counsel for the appellant.

7. The appellant, admittedly, had filed the writ

petition challenging the order dated 30.06.2011. The writ

petition was disposed of with the following direction.

"In view of the aforesaid reasons, the writ petition is allowed. Impugned order passed by the State Government dated 30.06.2011 (Annexure-A) is hereby quashed. The matter is remanded to the State Government to re-consider the rival contentions, after giving notice and hearing the petitioner, respondent nos.3, 4 and 5 and to pass appropriate orders in accordance with law. All the contentions urged by the learned counsel for the parties are kept open.

Ordered accordingly."

8. In pursuance of the aforesaid order of remand

passed by the learned Single Judge of this Court in

W.P.No.27054/2011, the respondents have issued notice

to the appellant. Admittedly, the appellant has filed

objections to the said notice. Needless to state that all

contentions raised by the appellant shall be adjudicated

by the competent authority including the issue of

question of title cannot be adjudicated by the competent

authority.

With the aforesaid direction, the appeal is disposed

of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

KK