SUSHEELA Vs. KARNATAKA BOARD OF WAKFS

JUDGEMENT

(1.) In this writ petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the Order dated 4-10-1989 passed by the first respondent bearing No. KTW/REG/27/BGM/88-89 (Annexure-F).

(2.) The impugned order is the one passed by the first respondent declaring that the properties bearing CTS Nos. 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216 & 4217 as Wakf properties. They are situated at K.C. Road, Chikodi. The petitioner claims to be the owner of the properties bearing CTS Nos. 4212, 4213 and 4214. The impugned order is passed by the Wakf Board in exercise of its jurisdiction under Sections 25 and 26 of the Wakfs Act, 1954 (hereinafter referred to as the 'Act'). Before passing the impugned order a notice was issued to the petitioner and others to show cause as to why the properties in question should not be declared as Wakf-properties. The petitioner and others interested in the properties filed their objections. Objectors were also examined by the Chairman, District Wakf Committee, Belgaum in its meeting held on 29-8-1989, Thereafter, the Wakf Committee in its meeting held on 4-10-1989 declared the properties in question as wakf- properties.

(3.) The contention of the petitioner is that she being the owner of the properties in question, the same cannot at all be declared as wakf- properties, therefore, the first respondent has acted without jurisdiction in declaring the aforesaid properties as wakf-properties. It is not possible to hold that the Wakf Board has no jurisdiction to decide the question as to whether a particular property is wakf- property or not. Section 25 of the Act provides for registration of the Wakf under the Act and also empowers the Wakf Board to decide the question as to the registration. Section 26 of the Act relates to the 'Register of Wakfs'. It has to be maintained by the Wakf Board and it shall contain the class of the wakf; the name of the Mutawalli; the rule of succession to the office of mutawalli under the wakf deed or by custom or by usage; the particulars of all wakf properties and all title deeds and documents relating thereto; particulars of the scheme of administration and the scheme of expenditure at the time of registration; and such other particulars as may be prescribed. Section 27 of the Act specifically provides that the Board may itself collect information regarding any property which it has reason to believe to be wakf property and if any question arises whether a particular property is wakf property or not or whether a wakf is a Sunni wakf or a Shia wakf, it may, after making such inquiry as it may deem fit, decide the question. Sub-section (2) thereof farther provides that the decision of the Board on any question under sub-section (1) shall, unless revoked or modified by a Civil Court of competent jurisdiction, be final. Section 6 of the Act provides for deciding the disputes regarding wakfs. Section 6 empowers the Board to decide as to whether a particular property is a wakf property or not. The Supreme Court in The Board of Muslim Wakfs, Rajasthan v Radha Kishan and Others, AIR 1979 SC 289, has held that an aggrieved person, if he is not a Muslim, can file a suit beyond the period of one year as prescribed under Section 6 of the Act, as per the limitation provided under the general law of limitation. The specific period of limitation provided under Section 6 of the Act for filing a suit is not applicable to those who are not Muslims, and, it is applicable only to the Mutwalli and persons interested in the wakf. Chapter VII of the Act, which relates to the judicial proceedings, provides for institution of suits either by the Board or by the persons aggrieved by a decision of the Board, against the Board. Again Section 57 of the Act specifically provides for a Civil Court to issue notice, in a suit or a proceeding wherein the question as to whether a particular property is a wakf property or not, to the Board. Sub-section (3) of Section 57 further provides that in the absence of a notice under sub-section (1), any decree or order passed in the suit or proceeding shall be declared void, if the Board, within one month of its coming . to know of such suit or proceeding, applies to the Court in this behalf. Thus, from the aforesaid provisions it is clear that the decision rendered by the Wakf Board as to whether a particular property is a wakf property or not, is open to challenge in a Civil Court.