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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
H.P.SANDESH
Waliallah, S/o. Allabaksh Yadwad – Appellant
Versus
Karnataka State Board Of Auqaf, Represented By Its Chairman, Anwar Basha – Respondent
ORDER :
H.P. SANDESH, J.
1. Heard the petitioner’s counsel and also the counsel appearing for the respondents regarding Jurisdiction.
2. The respondents raised objections that the order impugned, which is challenged before this Court cannot be entertained in a writ petition and the petitioner has to approach the Wakf Tribunal as the issue is with regard to the Wakf.
3. The counsel for the respondent relying upon the judgment of the Hon’ble Supreme Court Civil Appellate Jurisdiction in Civil Appeal No.5297/2004 (Board of Wakf, West Bengal Vs. Anis Fatma Begum and Anr.), brought to the notice of this Court paragraphs No.14 and 16 of the said judgment, which is extracted herein below:
14. Thus, the Wakf Tribunal can decide all disputes, questions or other matters relating to a Wakf or Wakf property. The words “any dispute, question or other matters relating to a Wakf or Wakf property” are, in our opinion, words of very wide connotation. Any dispute, question or other matters whatsoever and in whatever manner which arises relating to a Wakf or Wakf property can be decided by the Wakf Tribunal. The word ‘Wakf’ has been defined in Section 3 (r) of the WAKF ACT , 1995 and hence once the proper
The jurisdiction to resolve disputes related to Wakf properties resides exclusively with the Wakf Tribunal, and the High Court cannot entertain such matters.
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.
(1) Jurisdiction of Wakf Tribunal – Injunction simpliciter sought for before Tribunal does not fall within its jurisdiction and plaint has to be rejected.(2) An Amendment will be retrospective only ....
The court established that beneficiaries can directly approach the Wakf Tribunal if the mutawalli neglects their duties regarding encroachments on Wakf property.
Wakf properties – Jurisidction of wakf tribunal - merely because the present petitioner as defendant No.1 appears to have participated in the proceedings and contested the suit before the Tribunal, b....
(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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