Waqf issue: PIL petition challenging govt. circular dismissed

The High Court of Karnataka on Tuesday dismissed a PIL petition, which questioned the circular issued by the State government in November directing the revenue authorities to suspend the process of entering the name of the wakf board in the records of land/properties belonging to farmers and individuals and to withdraw the notices issued to them in connection with mutation of land in favour of the wakf board.

A division bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind passed the order while dismissing the petition filed by 70-year-old Syed Ajaz Ahmed, a retired KAS officer.

What circular said

The petitioner questioned the circular, issued on November 9 by the Revenue Department on the instruction of the Chief Minister, to suspend the process of mutation of land records in favour of wakf, and it withdrew the notices issued to farmers and individuals asking them why the lands/properties should not be mutated in favour of wakf. The circular was issued after a larger number of farmers and landowners complained to the government that the name of wakf was being entered in the official records of their lands.

Besides, the petitioner sought a direction from the court to order a judicial enquiry through a retired judge of the High Court to investigate the encroachments on thousands of acres of wakf properties as disclosed in various reports, including a report of a Parliament Committee, and oversee the enquiry process. The petitioner also sought a direction to continue the process of entering the name of wakf in land records after affording the opportunity to hear those who are in illegal possession of wakf properties across the state.

Covered under Act

However, the Bench said that the issues raised by the petitioner cannot be dealt with under the PIL petition as the issue is covered under the provisions of the Wakf Act, 1995, and the relevant rules. The issue raised by the petitioner has to be dealt with in every individual case/land and cannot be considered in an omnibus plea in the nature of a PIL petition, the Bench made it clear.

Published - December 17, 2024 09:22 pm IST