ORDER :

A short but a very significant question of law as to the invocability if not validity of section 2(e)(v) of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974, (hereafter 1974 Act') qua the waqf properties arises for consideration in the following fact matrix:

(a) All the petitioners happen to be the tenants of the structures that admittedly belong to waqf; they have suffered eviction orders made under the provisions of 1974 Act, their contention as to non-invocability of the said Act having been negatived; these orders are called in question in the writ jurisdiction of this Court.

(b) After service of notice, respondent-WAQF Board having entered appearance through its Senior Panel Counsel, vehemently resists the Writ Petitions making submission in justification of the impugned orders and the reasons on which they have been constructed; the essence of the contention is that: the 1974 Act is a special legislation qua the relative provisions of the Waqf Act, 1995 (hereafter 1995 Act') ; the State Act having been assented to by the President of India in terms of Article 254 of the Constitution, over-rides the law enacted inter alia in Sections 83 & 85 of