Karnataka High Court
Sri. K Ravichandran 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,
-2-
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.
-5-
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
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
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
