Allowed

Jayalakshmamma v. the Karnataka State Board of Wakfs

Karnataka HC18 Jun 2014CRP/11/2011

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a revision petition under Section 83(9) of the Wakf Act, 1995. The Court set aside the Wakf Tribunal's order dismissing the suit for want of jurisdiction and maintained the Tribunal's authority to adjudicate the matter, remitting the case for final disposal.

What did the court decide?

Impugned order dated 19.10.2010 set aside; matter remitted to Wakf Tribunal for disposal.

Jayalakshmamma Vs the Karnataka State Board of… — Writ and Judicial Review | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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Dated this the 18^th day of June, 2014

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Before

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THE HON'BLE MR JUSTICE HULUVADI G RAMESH

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Civil Revision Petition 11 / 2011

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Between

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1 Smt Jayalakshmamma, 45 yrs W/o Nagaraju & D/o Late Marankaiah I Cross, Ranganathapura Kamakshipalya, Bangalore

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2 Smt Kamala, 32 yrs W/o Marigowda & D/o late Marankaiah R/a Ittamadu Village, Bidadi Hobli Ramanagaram Taluk & District

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3 A M Narasegowda, 36 yrs S/o late Marankaiah R/a Manchanabele Village & Post Madabala Hobli, Magadi Taluk Ramanagara District

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1-2 are reptd. By their GPA Holder 3

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Petitioners

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(By Sri D R Ravishankar, Adv.)

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And

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1 Karnataka State Board of Wakfs By its Chief Executive Officer Darul Awakf # 6, Cunningham Road Bangalore

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2 Jamia Masjid, Manchanabele Village By its Secretary/President Magadi Taluk, Ramanagara District Respondents

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(By Sri N K Ramesh, Adv. For R1; Sri Mohammed Tippu Sultan, Adv. For R2)

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Revision Petition is filed under S.83(9) of the Wakf Act, 1995 praying to set aside the order dated 19.10.2010 on IA 3 in OS 1/2010 by the Wakf Tribunal, Bangalore Division. Petition coming on for hearing this day, the Court made the following:

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ORDER

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Heard the counsel for the parties for sometime.

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By the impugned order dated 19.10.2010 the Presiding officer of the

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Wakf Tribunal having raised a issue on the point of jurisdiction, held that he has no jurisdiction. So also on the point of maintainability. Originally at the instance of the Wakf Board some auction has taken place for which the petitioners are the participants who have been delivered possession. It appears as per S.83 of the Wakf Act, the Wakf Tribunal exercise jurisdiction of the Civil Court as well.

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It transpires that as per the contention of the Wakf Board, the

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property was encroached and thereafter, petitioners continued in possession and they were rank trespassers. However, the contention of the petitioners is, when they were cultivating the property subsequently Wakf Board has taken a decision to hold auction sale. In that, having deposited Rs.38,000/-, they continued in possession. But for the reason of illegality in the notification as contended by the Wakf Tribunal in issuing notice for auction without prior sanction, things would have in order. But the view taken by the Tribunal is that, it has no jurisdiction is contrary to the language of S.83 of the Wakf Act.

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In that view of the matter, having held that the suit is maintainable before the Wakf Tribunal, the Wakf Tribunal has to decide issue on the point of maintainability. Whether civil dispute is maintainable on the plea of adverse possession or it is a matter of part performance by deposit of amount subject to confirmation of sale pursuant to the auction held are all questions which are left open to be decided by the tribunal. Impugned order on the point of maintainability is negated and it is held that Wakf Tribunal has got jurisdiction to adjudicate the matter and once again the

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Tribunal has to examine if need be, on the applicability of S.83 of the Act on the point of jurisdiction and regarding possession is concerned whether

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it is adverse possession or in furtherance of part performance of the auction sale has to be adjudicated.

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Revision petition is allowed. Impugned order is set aside. Matter is remitted to the Wakf Tribunal for disposal, according to law.

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Sd/-

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Judge

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Jayalakshmamma v. the Karnataka State Board of Wakfs

Case brief

What is this about?

What did the court decide?

Jayalakshmamma v. the Karnataka State Board of Wakfs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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