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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
SURAJ GOVINDARAJ
Sahebalal S/o Gudusab Rohile – Appellant
Versus
Enquiry Officer, Karnataka State Board of Auqaf – Respondent
ORDER :
1. The petitioners are before this Court seeking for the following reliefs:
a. Issue a writ or order or direction in the nature of writ of certiorari to quash the impugned order bearing No. KSBA/ENQ/47/BGM/2022 dated 04.05.2023 passed by the 1st Respondent, as per Annexure-A and dismiss the petition filed under Section 54 of the Wakf Act filed by the 2nd respondent as per the Annexure-B.
b. Grant such other further reliefs as this Hon’ble Court deems fit in the circumstances including costs in the interest of justice and equity.
2. The respondent No.1-Chief Executive Officer of the Karnataka State Board of Waqf as an enquiry officer under Section 54 of the WAQF ACT , 1955, had conducted an enquiry and submitted his report on 4.05.2023. It is challenging the alleged direction issued in the said enquiry report that the petitioner is before this court.
3. Sri.Shriharsh A.Neelopant, learned counsel for the petitioners, would submit that in terms of Section 54 of the WAQF ACT , the Chief Executive Officer on receiving a complaint, could conduct an enquiry, but, however, post the enquiry, the Chief Executive Officer has to make an application to the Tribunal for the grant of an
The Chief Executive Officer cannot independently order eviction of encroachers post-enquiry under the Waqf Act, necessitating a tribunal application for eviction.
Section 55 of the Waqf Act provides the procedure for enforcement of orders for removal of encroachment from Waqf property by the Tribunal.
Waqf Board has the power under Section 54 of the Waqf Act to order eviction of encroachers from the waqf property.
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
Eviction under the Waqf Act must proceed through civil suits, not via applications due to statutory provisions.
Wakf Property – Eviction of tenant - under Section 83(1), the Tribunal had no power to entertain a suit of eviction.
The Chief Executive Officer of the Wakf lacks inherent power to review decisions; such unauthorized orders are nullities.
The court affirmed that proceedings under Section 54 of the Waqf Act are distinct from suit proceedings and do not require payment of court fees, highlighting legislative intent.
The court established that beneficiaries can directly approach the Wakf Tribunal if the mutawalli neglects their duties regarding encroachments on Wakf property.
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