For Public Good: Karnataka High Court Dismisses PIL Against Govt Circular Suspending Change Of Farmers Land To Waqf Board

Dismissing a PIL for setting aside a government circular which suspended mutation of farmers and private khata properties to the waqf board after complaints were received regarding the same, the Karnataka High Court on Tuesday (December 17) said that directions were issued in public interest. The court was hearing a PIL by one Syed Ajaz Ahmed which prayed for setting aside the directions issued by the State government vide its letter dated November 9, withdrawing the notices issued to change the khata as waqf properties. It further sought directions to the respondents including the State to conduct a judicial enquiry into encroachments of the wakf properties in the state by appointing a retired high court judge of Karnataka to oversee the enquiry pertaining to the encroachments by the government bodies and private individuals and the disposals of properties under the Karnataka Inams Abolition Act and Karnataka land reforms act.Dismissing the plea, a division bench of Chief Justice N V Anjaria and Justice K V Aravind while dictating its order said, “If direction is issued by authority to stop the creation of Khata in favour of Waqf in respect of properties or land which are cultivated by farmers or which otherwise belong to private khata holders. Such directions could be perceived only in relation to public good and public interest. This court cannot go into such an aspect but they have to be adverted to individual cases to be dealt with in accordance with law.”It added “The present petition is thoroughly misconceived and meritless and dismissed.”The bench on going through the records noted that the impugned circular came to be issued in view of the complaints received from certain farmers and other khata holders of properties that their khata is being changed to waqf. It noted that the Chief Minister had convened a meeting and issued a direction that such mutation process remain suspended. Any directions issued by authority shall forthwith stand withdrawn. Further, instructions were issued to withdraw all the notices and no action be taken against farmers cultivating land or khata holders.Then it said, “The perception of the petitioner is that Waqf property needs to be protected as it would lead to significant losses and would become an impediment in the upliftment of the socio-economic progress of the community. Unless, Waqf properties are better managed and preserved.”It further said, “The prayers made are subjects to be dealt with in the executive realm by the executives. Though the petition is drafted with lengthy pleadings they are in the nature of general statements.”It further observed, “The statute called Waqf Act and rules made thereunder in relation to the administration and management of Waqf properties and agitating any issues thereto those Act and rules have to be adverted to. The directions to deal with waqf properties in particular manner or otherwise could not become a subject matter of PIL, when the field is occupied by law in the nature of Waqf Act. The provisions thereof if to to be applied, could be utilised in accordance with law by the petitioners if permissible in respect of individual cases for which the petitioner may have grievance.”It thus said, “An omnibus public interest litigation like one could hardly be tenable and can only stand meritless.”Advocate Rahamathulla Kothwal appearing for the petitioner pointed out that out of 1,12,000 acres of Waqf land and 91,953 acres of land is being encroached. He submitted that representation was made to the board and for two months there was no response thus he approached the court. Further, reliance was placed on certain government proceedings carried out in 2013, which resulted in order dated 10-05-2013 wherein it was deliberated that the task force for waqf properties at district levels shall be formed to identify waqf properties and whether they have gone out to other people. The task force was to undertake survey work.The plea further sought to ensure fair reimbursement of the properties acquired under land acquisition act by way of allocating alternative land amounting to the same market value or by monetary means that are under unsanctioned possession and to initiate any action for recovering the physical possession of waqf properties. It also sought a direction restraining the politicization of waqf matters in print, electronic, and social media. It sought to direct the government and wakf board to identify waqf land under unauthorized encroachment by the individuals and the government and its agencies and to take action to restore the waqf properties to waqf institutions within the stipulated periodThe government advocates opposed the plea saying that the impugned circular relied on by the petitioner is an internal communication by the government and raised doubts about how the petitioner got hold of it. Further, it was claimed that the plea is politically motivated to get publicity and there is no cause of action. Moreover, if the ...

For Public Good: Karnataka High Court Dismisses PIL Against Govt Circular Suspending Change Of Farmers Land To Waqf Board

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