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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL
Karnataka Wakf Board, Rep. By Its Chief Executive Officer – Appellant
Versus
Avinash, S/o. Jayawanth Desai – Respondent
| Table of Content |
|---|
| 1. writ appeal against previous court's decision (Para 2) |
| 2. claims of occupancy rights under previous suit (Para 4 , 5) |
| 3. need for tribunal adjudication of disputed ownership (Para 6 , 7 , 8) |
| 4. conclusion regarding the future course of action (Para 9) |
JUDGMENT :
S. SUNIL DUTT YADAV, J.
The present writ appeal has been filed by the Karnataka State Wakf Board calling in question the correctness of the order passed by the learned Single Judge in W.P.No.6306/2008. By virtue of the order passed in W.P.No.6306/2008, the petition filed by Avinash and Others questioning the notice dated 25.10.2007 issued by the competent officer under the Karnataka Public Premises (Eviction of unauthorized occupants) Act, 1974 (for short, ‘the Act’) came to be allowed setting aside such show-cause notice. Learned Single Judge had come to a finding that the power to adjudicate under the Act being limited, all substantive contentions which require adjudication touching upon the title are the matters that could be decided only by the Wakf’s Tribunal under Section 83 of the Act. Learned Single Judge while allowing the petition, had observed in the operative portion of the order as follows:
i. The p
Eviction proceedings under the Public Premises Act cannot proceed when there are bona fide ownership disputes; such matters must be resolved by the Wakf Tribunal as per the Wakf Act's provisions.
Summary eviction under the A.P. Wakf Act is not permissible in the presence of bona fide disputes regarding property title, necessitating a full trial instead.
Civil courts lack jurisdiction over disputes involving Wakf properties as per the WAKF ACT, sections 83 and 85, which mandate that such matters be determined by the Wakf Tribunal.
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
Wakf Property – Eviction of tenant - under Section 83(1), the Tribunal had no power to entertain a suit of eviction.
Point of law: jurisdiction of "civil court, revenue court and any other authority" is excluded in respect of any dispute, question or other matter inter alia relating to any waqf property thus, it is....
the contention as to special law i.e., the 1974 Act overriding the less special law i.e., 1995 Act does not merit much consideration in the light of 2013 Amendment.
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....
(1) In a Revision Petition scope of consideration is limited and judgment/order under challenge can be interfered only in event of there being perversity seen on face of order and if conclusion reach....
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