Case Note & Summary
The petitioner, Mr. Syed Naveed Altaf, filed a Civil Revision Petition under Section 83(9) of the Waqf Act, 1995, challenging an order dated 10.02.2021 passed by the Karnataka Waqf Tribunal, Bengaluru, in Application No.19/2020. The Tribunal had rejected the petitioner's application under Section 83(2) of the Act. The respondents were the Karnataka State Board of Auqaf (Respondent No.1) and the Managing Committee of Masjid-e-Mamoor (Respondent No.2). The dispute pertained to the management of the mosque, which was governed by the Waqf Act. Prior to 06.06.2017, the respondents were governed by the Karnataka Waqf Rules, 1997, and the Committee was constituted with the approval of Respondent No.1. The petitioner sought to challenge the Tribunal's order on the ground that it suffered from illegality, impropriety, and incorrectness. The court heard both sides and framed the question of whether the impugned order was sustainable. The court noted that the Tribunal had rejected the application on the ground that a civil suit was pending regarding the same property. However, the High Court held that the Waqf Tribunal has exclusive jurisdiction over Waqf matters under Section 83 of the Act, and the pendency of a civil suit does not oust its jurisdiction. The court set aside the impugned order and remitted the matter back to the Tribunal for fresh consideration on merits, directing the Tribunal to decide the application in accordance with law. The court did not express any opinion on the merits of the case.
Headnote
A) Waqf Law - Jurisdiction of Waqf Tribunal - Section 83(2) of the Waqf Act, 1995 - Maintainability - The issue was whether the Waqf Tribunal could entertain an application under Section 83(2) when a civil suit concerning the same property was pending. The court held that the Waqf Tribunal has exclusive jurisdiction over disputes relating to Waqf properties, and the pendency of a civil suit does not bar the Tribunal from proceeding. The impugned order was set aside and the matter remitted for fresh consideration. (Paras 2-8) B) Waqf Law - Applicability of Rules - Karnataka Waqf Rules, 1997 and 2020 - Transition - The court noted that the Managing Committee was initially governed by the Karnataka Waqf Rules, 1997, and later by the Karnataka Waqf Rules, 2020. The court did not delve into the merits of the rules but considered the procedural aspect. (Paras 3-4)
Issue of Consideration
Whether the impugned order of the Waqf Tribunal rejecting the petitioner's application under Section 83(2) of the Waqf Act, 1995 suffers illegality, impropriety and incorrectness?
Final Decision
The Civil Revision Petition is allowed. The impugned order dated 10.02.2021 passed by the Karnataka Waqf Tribunal, Bengaluru in Application No.19/2020 is set aside. The matter is remitted back to the Tribunal for fresh consideration on merits in accordance with law. The Tribunal is directed to decide the application expeditiously without being influenced by the pendency of the civil suit.
Law Points
- Waqf Tribunal jurisdiction
- Section 83(2) Waqf Act
- 1995
- maintainability of application despite pending civil suit
- Karnataka Waqf Rules
- 1997
- 2020
