ORDER

1. The following facts are not in dispute:

2. On 01.04.1965, a gazette notification was issued under Section 5(2) of the Wakf Act, 1954 (for brevity, hereinafter referred to as the “Act”) publishing the list of wakfs in Mysore District. Hazrath Noor Ali Shah Makan, Sunni, Banka Nawab Road, Mysore City, which is the subject matter of this writ petition, was included in the said list at serial No.24 as a wakf property. The property of the wakf was mentioned as House No.265 measuring

18’ X 20’.

3. This publication in the gazette was not disputed or challenged by anybody.

4. Nearly 27 years thereafter, an order came to be passed on 02.12.1992 for taking over the management of Dargah Hazrath Noor Ali Shah Makan under Section 43A of the Act and the Chairman of the District Wakf Advisory Committee was appointed as the Administrator. This notification was challenged before this Court in W.P.No.37849/1992 and the said order was stayed. Ultimately, by order dated 06.09.1999, the order dated 02.12.1992 was quashed and the Board was directed to reconsider the matter afresh with reference to the facts as on the date and after giving an opportunity to the petitioner therein.

5. On 29.01.2003, in view of the report of the District Wakf Advisory Committee, a Three Member Official Committee was appointed, in exercise of powers under Section 18 of the Act, for the management of Dargah Hazrath Noor Ali Shah Makan. Thereafter, on 02.05.2003, a Circular was issued stating that the Three Member Official Committed had assumed charge of the Dargah Hazrath Noor Ali Shah Makan on 01.02.2003 and therefore, all the tenants and lessees of Dargah Hazrath Noor Ali Shah Makan were to pay rent/arrears of rent/advance, if any, to the Official Committee.

6. The order appointing the Official Committee and the Circular issued were challenged by the petitioners before this Court in W.P.No.26509/2003. This Court, by order dated 18.01.2006, dismissed the writ petition. However, liberty was reserved to the petitioners to file an application before the Tribunal within eight weeks and until such time, interim order granted earlier was ordered to be continued.

7. Pursuant to the said liberty granted, the petitioners approached the Wakf Tribunal by filing an application under Section 83(2) of the Act for a declaration that ‘B’ schedule property (i.e., the property which was notified in the gazette on 01.04.1965) alone was the wakf property and for a declaration that the Circular dated 02.05.2003 and the order appointing the Official Committee on 29.01.2003 were invalid.

8. The Wakf Tribunal, by an order dated 02.01.2010, recorded a finding that the petitioners had failed to prove that ‘A’ schedule property was their ancestral property and ‘B’ schedule property alone was the wakf property. The Tribunal also held that the Circular dated 02.05.2003 and the order appointing the Official Committee on 29.01.2003 were not invalid. It ultimately proceeded to dismiss the application.

9. Being aggrieved, the petitioners preferred W.P.No.3065/2010 before this Court. This Court, on

03.09.2010, passed the following order:

“i) The findings recorded by the Tribunal on point Nos.1 and 2 are liable to be set aside and accordingly they are set aside as they are one without jurisdiction.

ii) Appointing of a Committee pursuant to Annexure-F, is only confined to supervising the Darga.

iii) If the petitioners claim title to the property, other than the property which is gazetted, it is open for them to initiate appropriate proceedings seeking declaration of title.

iv) All other contentions are kept open.”

10. Thus, the question as to whether the ‘A’ schedule property, which was claimed as their ancestral property by the petitioners and ‘B’ schedule property alone was wakf property, was left open to be determined in an appropriate proceeding, which could be initiated by the petitioners or by the Wakf Board. In the other words, the title to the property claimed by the petitioners as their ancestral prop