Govinda Bhat, J.—This is a petition under Article 226 of the Constitution, by the Corporation of the City of Bangalore, challenging the notification No. MBW. 19(1)84 dated 7-6-1965. published in the Mysore Gazette dated July 22, 1965, under Section 5(2) of the Wakf Act, 1954, hereinafter called the Act.

2. The case of the petitioner is that several lands belonging to the petitioner-Corporation have been listed as Wakf Properties in the impugned list without making any enquiry or investigation under Section 4 of the Act. The contention of the Wakf Board and some of the Mutawallis of the concerned wakfs is that the lands in question (though originally were properties belonging to the Corporation) have been granted to the various wakfs and that the petitioner has no title to the said properties.

3. If the Commissioner, on the basis of whose enquiry under Section 4 of the Act the list of wakfs has been published, is competent to adjudicate upon disputed title to property between the wakfs on the one hand and strangers to the wakfs on the other, then it is necessary for us to consider the grievance made out by the petitioner but if such Commissioner has no jurisdiction to decide