Karnataka High Court
State Of Karnataka vs Hazarth Syed Kaisar Shah Vali on 30 May, 2024
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NC: 2024:KHC-D:7207
WP No. 67486 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 67486 OF 2011 (GM-WAKF)
BETWEEN:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME,
TRANSPORT AND YOUTH SERVICE,
VIDHANA SOUDHA, BANGALORE.
2. THE SUPERINTENDENT OF POLICE,
BELGAUM DISTRICT, BELGAUM.
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, BELGAUM.
4. THE DEPUTY COMMISSIONER,
BELGAUM DISTRICT, BELGAUM.
...PETITIONERS
(BY SRI. V.S. KALASURMATH, HCGP)
AND:
1. HAZARTH SYED KAISAR SHAH VALI DARGAH,
YASHAVANT HEAD QUARTERS POLICE LINES, BELGAUM.
NARAYANKAR
Digitally signed by
2. THE ENQUIRY OFFICER AND ADDITIONAL
YASHAVANT
NARAYANKAR
Location: HIGH
CHIEF EXECUTIVE OFFICER,
COURT OF
KARNATAKA, KARNATAKA STATE BOARD OF WAKFS, BANGALORE-52.
DHARWAD BENCH
...RESPONDENTS
(BY SRI. MAHESH N. KULKARNI, ADV. FOR R1;
SRI. B. MUHAMMED ALI, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER OR DIRECTION INCLUDING THE WRIT OF CERTIORARI
QUASHING THE ORDER NO.ENQ 17-18/BGM/2011
DATED:04/07/2011, VIDE ANNEXURE-F PASSED BY THE 2ND
RESPONDENT BY DECLARING THAT THE LAND IN QUESTION IS
EXCLUSIVE PROPERTY OF THE POLICE DEPARTMENT AND STATE
GOVERNMENT.
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NC: 2024:KHC-D:7207
WP No. 67486 of 2011
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The State has challenged the order passed by
respondent No.2-Enquiry Officer of the State Wakf
Board under Section 54 of the Wakf Act, 1995 (for short
"the Act") calling upon petitioner-State to handover
possession of the petition properties. The said order is
under challenge by the State in W.P.No.67486/2011.
2. Learned HCGP has brought to the notice of this Court
that, subsequent to the order passed under Section 54
of the Act, which is impugned in the present petition,
the State has filed a suit for declaration and injunction
questioning the very Corrigendum dated 13.06.1989
and the Gazette Notification dated 14.12.1989 thereby
including the said properties as Wakf properties. The
said suit was contested by the respondents herein. The
Gazette Notification and the Corrigendum are declared
as null and void and the respondents herein are
restrained from interfering with the peaceful possession
NC: 2024:KHC-D:7207
of the State. It is brought to the notice of this Court that
the respondents have challenged the said judgment and
decree in W.P.No.100437/2015.
3. I have given my anxious consideration to the materials
placed on record.
4. If the corrigendum and Gazette Notification are held to
be null and void, the impugned order holding that the
State is in unlawful occupation of the same and
therefore, they are encroachers of Wakf property cannot
be sustained. A comprehensive suit filed by the State is
decreed in KWT/BGM/SR/OS.17/2011 by judgment and
decree dated 18.12.2014. Therefore, the impugned
order is liable to be quashed and the respondents have
to agitate and establish their right in pending Writ
Petition No.100437/2015.
5. For the foregoing reasons, I pass the following:
ORDER
i) The writ petition is allowed.
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ii) The impugned order dated 04.07.2011,
passed by respondent No.2 vide Annexure-F
is hereby quashed.
iii) In view of disposal of the petition, pending
interlocutory applications, if any, do not
survive for consideration and are disposed of
according.
Sd/-
JUDGE
