KARNATAKA BOARD OF WAKF Vs. LAND TRIBUNAL SIRA

JUDGEMENT

(1.) THE revision is by Wakf Board being aggrieved of the orders of the Land Reforms Appellate Authority, Tumkur in L. R. A. No. 329/87, dismissing the appeal by confirming the grant of occupancy right.

(2.) THE brief facts of the case are as follows: The land in Sy. No. 361 measuring 2 acres 32 guntas situated at Sira village is a Wakf property under the management of mutawalli namely Razak Baig. The said lands are also been notified in the Gazette as Wakf property. In respect of the said lands mutuwalli's son namely Anwar Baig claimed re-grant under Section 6-A of Karnataka Inams Abolition Act, 1955. The Land Tribunal, Sira by its order dated 27-2-1982 granted occupancy in favour of Anwar Baig. Being aggrieved of the order of Land Tribunal, Wakf Board preferred Writ Petition No. 10732/85. On the establishment of the Land Reforms Appellate Authority, the matter was transferred and numbered as LRA. 329/87. The Wakf Board relying on the provisions of Mysore Religious and Charitable Inams Abolition Act, 1955, dismissed the appeal. Hence, this revision.

(3.) LEARNED counsel for the revision petitioner contended that, one Razak Baig was the mutawalli and he was entrusted to manage the properties in question. Under the Wakf Act, mutawalli is not entitled for registration of occupancy right and that he is only entitled to maintain the property, to supervise and to have the benefit out of it. In case if there were to be any dispute, the matter has to be adjudicated under the Wakf Act. Therefore, the order of the Land Tribunal as well as the order of the Land Reforms Appellate Authority are erroneous and not sustainable. The tenant though served, remained absent.