ITC LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the Petitioners have prayed for a writ to declare Section 2(e)(v) of Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (for short 'the Public Premises Act') as substituted by Amending Act 22 of 1999 as null and void, to quash the order dated 12.8.2002 passed by the fifth Respondent as per Annexure-U, to quash the notice dated 19.11.2001 as per Annexure-Q and to declare the entire proceedings before the fifth Respondent as without jurisdiction and for other reliefs.

(2.) The subject matter of this writ petition is property bearing No. 25, Sankey Road, Bangalore (hereinafter called as 'schedule property'). The schedule property originally belongs to one Aga Ali Askar and he executed a Will on 29.10.1880 and Codicil on 22.6.1887 bequeathing the schedule property for the benefit of Muslim community and the same had become a Wakf property. On coming into force of the Wakf Act, 1954 the schedule property was included in the list of Wakfs notified by the Karnataka State Board of Wakfs under Section 5(2) of the Wakf Act. The Mutavallis of the Wakf in question submitted a draft scheme on 28.10.1971 to the Wakf Board to lease the schedule property in favour of M/s. Monarch Corporation subject to certain terms and conditions. After following the procedure the Wakf Board sanctioned the scheme as per notification dated 9.8.1972 published in the Karnataka Gazette dated 17.8.1972. In furtherance of the sanctioned scheme, the Mutavallis of the Wakf in question executed a registered lease deed on 15.10.1973 in favour of M/s. Monarch Corporation leasing the schedule property for a period of 30 years subject to certain terms and conditions. It is seen from the record that the Managing Committee of the Wakfs in question submitted second scheme to the Wakf Board for extending the lease for a further period of 50 years in favour of M/s. Monarch Corporation. Even without sanctioning of the second scheme by the Wakf Board, the Mutawallis of the Wakf executed another lease deed dated 13.9.1977 extending the period of lease.

(3.) Aggrieved by the two lease deeds in favour of M/s. Monarch Corporation a civil suit was filed in O.S. No. 8041/1980 on the file of City Civil Court, Bangalore by Anjuman Imamia and Ors. being representatives on behalf of shia muslims to declare the lease deeds in favour of M/s. Monarch Corporation as null and void. In this O.S. 8041/1980 the Trial Court granted an exparte interim order on 26.11.1981 restraining M/s. Monarch Corporation from serving wine and pork in the premises situated on the schedule property.