KARNATAKA BOARD OF WAKFS DARUL AWKAF Vs. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU

JUDGEMENT

(1.) The petitioner, Karnataka Board of Wakfs, has filed the present writ petition seeking for issue a writ of certiorari quashing the order dated 30-6-2011 (Annexure-A) passed by respondent No.2 and to issue a writ of mandamus directing respondent No.3 to retain the name of the petitioner in the khata of the notified Wakf property as was done on 23-2-1999.

(2.) It is the case of the petitioner that an extent of 5 acres 35 guntas in survey nos.74/1, 74/2, 74/3 and 74/4 later numbered as survey nos.74/1, 75/2 and 75/3 were granted to the members of the Muslim community by the then Maharaja of Mysore for the purposes of user of the land as a burial ground and for the purpose of performing various religious functions. Since then, the Muslim community has been utilising the property initially as a 'burial ground' and later as 'Idgah' and prayers are conducted by the members of the said community especially during festivals. It is further case of the petitioner that after the Wakf Act, 1956, came into force, the State Government appointed Survey Commissioner to conduct an enquiry as required under law and after holding enquiry, the aforesaid land of 5 acres 35 guntas was notified as Wakf property under Section 5(2) of the Wakf Act, 1956 (for short, 'the Act'). The property in question is at serial no.113 of the notification dated 7-6-1965 (Annexure-B).

(3.) It is further stated that area around the land in course of time having been surrounded by residential and other commercial place, considering the inconvenience to others and respecting the sentiments of the other members of the Society, members of the Muslim community stopped utilising the place for the purpose of burial of the dead and are continued to use the said property for the purpose of worship and other social and religious activities. The members of the community congregate in the place on different occasions and it is utilised for the benefits of all members of the Muslim community. The burials have been stopped by the Corporation Authorities in the said land with effect from 8-1-1970. It is further case of the petitioner that notification issued under Section 5(2) of the Act by the Mysore State Board of Wakfs, Vidhana Soudha, Bangalore, on 7-6-1965 was challenged by the Bangalore City Corporation, in Writ Petition No.4259 of 1968, on the ground that property belongs to Bangalore City Corporation and hence, the notification was bad. The said writ petition came to be dismissed on 27-9-1972 observing that the right of the petitioner in respect of disputed properties, if it has one, will remain unaffected by the impugned notification, any dispute between the Wakf on the one hand and the petitioner on another hand to be decided by the civil Court. The said order passed by this Court has become final.