Karnataka High Court
Parashuram S/O Hanumantappa Medar vs The Chief Administrative Officer on 19 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:15946
WP No. 105909 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. 105909 OF 2023 (GM-WAKF)
BETWEEN:
PARASHURAM
S/O. HANUMANTAPPA MEDAR,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. KURUBA 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.
Digitally signed by
2. THE DISTRICT AUQAF OFFICER
RAKESH S DISTRICT AUQAF ADVISORY COMMITTEE,
HARIHAR
Location: High KOPPAL-583231
Court of Karnataka, TQ/DIST. KOPPAL
Dharwad Bench,
Dharwad
3. THE TAHASILDAR
KOPPAL TALUKA
KOPPAL 583231
TQ. AND DIST. KOPPAL.
...RESPONDENTS
(BY SRI. D.L. LADKHAN, ADVOCATE FOR R1 AND R2;
SRI. T. HANUMAREDDY, AGA FOR R3)
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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-52/04/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 RIGHT OF THE
PETITION PROPERTY BEARING SY. NO. 8/4 MEASURING
01 ACRE 06 OF LAND SITUATED AT HUVINAHAL
VILLAGE OF TQ. AND DIST. KOPPAL VIDE ANNEXURE-B
AND TO ISSUE FRESH RECORD OF RIGHTS IN FAVOUR
OF THE PETITIONER.
III) GRANT SUCH OTHER FURTHER RELIEFS AS THIS
HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES
INCLUDING COSTS IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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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 Nos.1 and 2 and the learned AGA
for respondent No.3.
3. Facts in brief germane are as follows.
4. The petitioner is said to be the absolute owner in
possession of the property in Survey No.8/4 measuring 1 acre 18
guntas situated in Huvinahal village of Taluk and District Koppal,
in terms of a registered sale deed dated 26.05.2022 executed by
one Basavarajgouda Umeshgouda. 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
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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 18 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 11.10.1982.
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 Nos.60 and 60(A) is
what has driven the petitioner to this Court in the subject
petition.
5. 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.
6. The learned counsel further submits that overnight
the name of Waqf was entered in column No.11 of the record of
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rights without any rhyme or reason or the Waqf Board having no
right or interest in the property having no right for such entry.
7. 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 Nos.60 and 60(A) 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.
8. 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
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.
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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
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."
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9. 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.
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."
10. The Co-ordinate Bench clearly holds on identical set
of facts that so long as the order of the Land Tribunal has
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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.
11. 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.
12. 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.
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ii) The impugned notice bearing No.KSBA / ENQ -
52 / 04 / KPL / 2023 dated 01.02.2023 issued
by the respondent No.1 is hereby quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Rsh / CT:ANB
