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2025 Supreme(Kar) 816
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
Rifa-Hul-Muslimeen Educational Trust, Represented By Its Principal/Hon. Secretary, Sri Taj Mohammed Khan – Petitioner
Versus
Karnataka State of Board of Auqaf, Represented By Its Chief Executive Officer – Respondent
Writ Petition No. 11330 of 2017 (GM-WAKF) C/W Writ Petition No. 15313 of 2020 (GM-WAKF), Writ Petition No. 3732 of 2021 (GM-WAKF)
Decided On : 27-05-2025
For the Petitioner:Sri. L.M. Chidanandayya., Advocate
For the Respondent:Smt. S.R. Anuradha., SR. Advocate for Sri. P.S. Malipatil., Advocate
The Waqf Board lacks authority to declare private property as Waqf without following statutory procedures mandated by the Waqf Act, 1995.
Headnote:(A) Waqf Act, 1995 - Sections 3(r), 40, 76, 83, 85 - Jurisdiction of Waqf Tribunal - Disputed property ownership and determination of Waqf status - Writ petitions filed by the Trust and Bank contesting Waqf Board’s claims of property registration as Waqf - Court holds procedure under Sections 5 and 6 was not followed properly; claims made by Waqf Board deemed unsubstantiated, leading to quashing of various notices and orders issued by the Waqf Board. (Paras 27.1, 28.11, 31.1, 33)
| Table of Content |
|---|
| 1. petitioners seek multiple forms of legal relief. (Para 1 , 2) |
| 2. background regarding registered waqf ownership. (Para 3 , 4 , 5) |
| 3. compensation distributed and its implications. (Para 6 , 7 , 8 , 9) |
| 4. challenges to late claims and periods of limitation. (Para 10 , 11 , 12) |
| 5. trust's responses to waqf board notices. (Para 13 , 14 , 15) |
| 6. trust's financial transactions related to the waqf. (Para 16 , 17 , 18) |
| 7. details of the canara bank's involvement. (Para 19 , 20 , 21) |
| 8. submissions by legal counsel for trust and bank. (Para 22 , 23) |
| 9. waqf board's arguments against claims. (Para 24) |
| 10. court's focus on jurisdictional issues. (Para 25 , 26) |
| 11. court's evaluation on procedural adherence. (Para 27 , 28 , 29) |
| 12. court's findings on alterations in waqf claims. (Para 30 , 31) |
| 13. judicial conclusion and implications of waqf board's demands. (Para 32) |
ORDER :
(SURAJ GOVINDARAJ, J.)
1. The petitioner in each of the above matters are before this Court seeking the following reliefs:
W.P.No.11330/2017
a. Call for the record which ultimately results in passing the Annexure-A order dated 21.07.2016 bearing No.KSBA/MSC/29/MYS/2016 passed by the Respondent.
b. Issue an order, direction, writ in the nature of Certiorari quashing the Annexure-A order dated 21.07.2016 bearing the No. KSBA/MSC/29/MYS/2016 passed by the Respondent.
c. Declare the claim of the value from the petitioner at Rs. 24,00,25,316/- vide Annexure-A is illegal and without the authority.
d. Issue such other reliefs which this Hon’ble Court may deem fit in the facts and circumstances of the case, including award of cost to the petitioners.
W.P.No.15313/2020
I. Call for the record which ultimately results in passing the Annexure-A order dated 23.01.2018 bearing No.KSBA/REG/09/MYS/2015-16 passed by the R1.
II. Issue an order, direction, writ in the nature of Certiorari quashing the Annexure-A Certificate of Registration dated 23.01.2018 bearing the No. KSBA/REG/09/MYS/2015-16 passed by the R1.
III. Declare that the entire proceedings initiated by the Respondent to declare the Schedule property as Wakf property under Section 40 of the Wakf Act is illegal and without the authority of law;
IV. Issue an order, direction, writ in the nature of Mandamus directing the Respondents not to interfere with the lawful possession and enjoyment of the Schedule Property.
V. Issue such other relief or reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case including awarding exemplary cost on the Respondent for abusing the provision of the Wakf Act.
W.P.No.3732/2021
a. Issue a writ of Certiorari quashing the impugned order dated 14.1.2017 in No.KSBA/REG/09/MYS/2015-16 passed by the respondent no.1 produced as Annexure-H.
b. Issue a writ of certiorari quashing the Certificate of Registration dated 23.01.2018 in number KSBA/REG/09/MYS/2015-16 issued by R2 produced as Annexure-J;
c. Issue a writ of certiorari quashing the letter/notice dated 25.11.2020 No.KSBA/MSC/24/MYS/2020-21 produced as Annexure-G
d. Issue a writ of Certiorari quashing the letter dated 28.11.2020 bearing No. UGPS/CC?246/2020 issued by R5 produced as Annexure-K.
e. Issue a writ of Certiorari quashing the letter dated 16.12.2020 bearing No. DWAC/21/MYS/78-79 issued by R3 produced as Annexure-L;
f. Pass any other order/direction as this Hon’ble Court may deem fit to grant in the circumstances of the case in the interest of justice.
2. The Petitioner in WP 11330/2017 and W.P. No. 15313/20 is the Rifa-hul-Muslimeen Education Trust [‘Trust’ for short]. The Petitioner in W.P. No. 3732/2021 is the Canara Bank.
FACTS:
3. One Ande Shah Vali Makan was a Waqf registered under the WAQF ACT , 1995 [hereinafter for brevity referred to as ‘Waqf’]. The said Waqf owned a property measuring 1 acre 4 guntas in Mysore city. One Sri. Azeez Sait is stated to have been the Mutawalli of the said Waqf, appointed by the Karnataka State Board of Waqf [hereinafter for brevity referred to as ‘Waqf Board’]. Mr. Azeez Sait was
