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The Corporation of the City of Bangalore Vs. the Mysore State Board of Wakfs and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtKarnataka High Court
Decided On
Case NumberWrit Petn. No. 4259 of 1968
Judge
Reported inAIR1973Kant189; AIR1973Mys189; (1973)1MysLJ103
ActsWakf Act, 1954 - Sections 4 and 5
AppellantThe Corporation of the City of Bangalore
RespondentThe Mysore State Board of Wakfs and ors.
Appellant AdvocateS.V. Subramaniam, Adv.
Respondent AdvocateK.S. Savanur, ;N. Bheema Charya and ;A.T. Vijayrangam, Advs.
DispositionPetition dismissed
Excerpt:
.....whose services come to an end due to termination, on account of damages or loss caused to the property of the employer and that the gratuity can be forfeited to the extent of damage or loss so caused. in the p0resent case, the order of termination of the delinquent officer for his alleged misconduct has been set aside by high court. the finding of the disciplinary authority that the delinquent officer has committed the misconduct has been set aside. it is perhaps for this reason, the bank has not passed an order of forfeiture of the gratuity. in the circumstances, the bank is not justified in withholding the gratuity of the deceased employee payable to his heirs section 4(6) :[s.abdul nazeer,j] forfeiture of gratuity in the present case, the order of termination of the..........the petitioner is that several lands belonging to the petitioner-corporation have been listed as wakf properties in the impugned list without making any enquiry or investigation under section 4 of the act. the contention of the wakf board and some of the mutawallis of the concerned wakfs is that the lands in question (though originally were properties belonging to the corporation) have been granted to the various wakfs and that the petitioner has no title to the said properties. 3. if the commissioner, on the basis of whose enquiry under section 4 of the act the list of wakfs has been published, is competent to adjudicate upon disputed title to property between the wakfs on the one hand and strangers to the wakfs on the other, then it is necessary for us to consider the grievance made.....
Judgment:

Govinda Bhat, J.

1. This is a petition under Article 226 of the Constitution, by the Corporation of the City of Bangalore, challenging the notification No. MBW. 19(1)84 dated 7-6-1965. published in the Mysore Gazette dated July 22, 1965, under Section 5(2) of the Wakf Act, 1954, hereinafter called the Act.

2. The case of the petitioner is that several lands belonging to the petitioner-Corporation have been listed as Wakf Properties in the impugned list without making any enquiry or investigation under Section 4 of the Act. The contention of the Wakf Board and some of the Mutawallis of the concerned wakfs is that the lands in question (though originally were properties belonging to the Corporation) have been granted to the various wakfs and that the petitioner has no title to the said properties.

3. If the Commissioner, on the basis of whose enquiry under Section 4 of the Act the list of wakfs has been published, is competent to adjudicate upon disputed title to property between the wakfs on the one hand and strangers to the wakfs on the other, then it is necessary for us to consider the grievance made out by the petitioner but if such Commissioner has no jurisdiction to decide disputed title to property, then, it will be futile to quash the impugned notification and to direct the Commissioner to hold an enquiry.

4. In Radhakishan v. State of Rajasthan, the scope of enquiry under Section 4 of the Act and the scope of suit provided, under Section 6 of the Act came up for consideration and It was held that the Commissioner under Section 4 has no jurisdiction to adjudicate whether a particular property is Wakf Property or not and farther the words 'any person interested therein' in Sub-section (1) of Section 6, refer to any person interested in the Wakf and not a person stranger to the wakf. It was further stated that Sub-section (4) of Section 6 makes the list final and conclusive only between the Wakf Board, the Mutawalli, and a person interested in the Walks as defined to Section 3 (h) and no other person, and that, Section 6 cannot apply to the case of property which is in the hands of a stranger over whom the Board has no control under the Act.

5. The Andhra Pradesh High Court in Parvathi Bai v. Wakf Board, (1969)2 Andh WR 265 has taken the same view. It was held therein that the entire scheme of the Act judicates that the Wakf Board's jurisdiction is confined to matters of administration of the Wakfs and not to adjudication of questions of title and that Section 6 (1) of the Act did not invest the Wakf Board with authority to decide the questions whether a particular property belonged to the Wakf or not and certainly so where the person claiming title is a stranger to the Wakf. We are in respectful agreement with the view of the law as stated in the above decisions.

6. In that view, the right of the petitioner in respect of the disputed properties, if it has one, will remain unaffected by the impugned notification. Any dispute between the Wakfs on the one hand and the petitioner on the other has to be decided by a competent Civil Court.

7. For the above reasons, this writ petition is dismissed but without costs.


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