MYSORE STATE BOARD OF WAKFS Vs. M CHANNABASAVIAH

JUDGEMENT

(1.) This is a petition under Arts.226 and 227 brought on behalf of the Mysore State Board of Wakfs (the Board of Wakfs) .

(2.) The petition is directed against the order of the District Judge, Chitradurga, made in MA. No.61 of 1968, setting aside the order of the Deputy Commissioner, Chitradurga, dated 28-9-1968. The facts leading to the petition are these : Respondent 3, a Darga at Chitradurga, is registered as a Wakf with its property under the Wakfs Act, 1954 ('the Act') . The Board of Wakfs published in the Mysore Gazette dt.6-1-1965 a list of wakfs and their properties relating to Chitradurga District. The list was published in exercise of of the power conferred on the Board of Wakfs by sub-sec.(2) of S.5 of the Act. The Board of Wakfs sent a requisition to the Deputy Commissioner, Chitradurga, under S.36B(2) of the Act to obtain delivery of possession of certain property which was admittedly in possession of respondent 1 since deceased by his legal representatives 1 (a), to 1 (f) . The Deputy Commissioner passed an order dated 28-9-1968 directing respondent 1 to deliver possession of the property mentioned under the requisition made by the Board of Wakfs. The order was passed by the Deputy Commissioner under sub-sec. (2) of S.36B of the Act.

(3.) Being aggrieved by the order, respondent 1 appealed before the District Judge, Chitradurga, under sub-sec. (4) of S.36B of the Act. The learned District Judge has set aside the order of the Deputy Commissioner holding that the provisions of S.36B of the Act are not applicable to the facts cf the case. That decision is challenged by the Board of Wakfs in this petition. Mr. K. S. Savanur, learned Counsel for the petitioner, contended that once the property is entered in the list as wakf property and published under S.5 of the Act, the provisions of S.36B automatically are attracted. He further submitted that, if any of the properties is transferred without previous sanction of the Board and in contravention of the provisions of S.36A, the Deputy Commissioner is competent to direct delivery of possession from such transferree to the Board of Wakfs. According to him, if the transferee is aggrieved by the said action, it was for him to approach the Civil Court for the redressal of his grievance.