The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka High Court has held that an order passed by the then Administrator of the Karnataka State Board of Waqf cannot be recalled or reviewed or set at naught except by a competent court of law/Tribunal.
Justice MGS Kamal said this while allowing the petition filed by one Jabir Ali Khan.
The petitioner had challenged the March 12, 2020 proceedings by the Waqf Board constituting a Law Committee to annul the order of the then Administrator. The petitioner claims to be the descendent of the original owner of a property situated at Sadar Pathrappa road, Kumbarpete in Bengaluru.
In June 1965, a notification was issued by the then Mysore State Board of Waqfs, listing this property as a Waqf property. When this was challenged, the then Administrator by an order dated November 26, 1976, declared the property as private property of the petitioner’s ancestor.
However, in 2020, the Board termed the petitioner as a trespasser and constituted a Law Committee to review and recall the order passed by the then Administrator. The petitioner contended that constituting a law committee is illegal and contrary to law. It was further submitted that such issues have to be dealt with before a tribunal under the provisions of sections 6 and 7 of the Waqf Act.
The court noted that at the relevant period, there was no Board constituted and the State Waqf Board was under the management and control of the State through its Administrator. In 2020, the Board has proceeded to constitute the Law Committee to annul the order passed by the Administrator on the premise of the principles ‘once a waqf is always a waqf’ and not on the allegation of any fraud, misrepresentation or misleading, the court said. The bench also said that the order passed by the administrator, who was having all powers and authority to discharge his function of the Board and in exercise of quasi judicial functions, cannot be recalled or reviewed or set at naught except by a competent court of law/Tribunal.
“In that view of the matter keeping open all the issues and the grounds to be urged by the parties, this court is of the considered view that the respondent-Karnataka State Board of Waqf be directed to approach the Karnataka Waqf Tribunal by instituting the proceedings as contemplated under the Act, within a period of three months from the date of receipt of the certified copy of this order,” Justice Kamal said.