
Waqf Board Can't Recall Administrator's Order Declaring Property As 'Private' Through Committee, Must Approach Court/ Tribunal: Karnataka HC
Live LawThe Karnataka High Court recently has set aside an order passed by the Karnataka State Waqf Board, constituting a Law Committee to review and recall an order passed in the year 1976, by then Administrator of the Board which held that a portion of a property situated in Kumbarpete area of Bengaluru was private property and not Waqf Property. The court said, “Karnataka State Waqf Board has proceeded to constitute the present Law Committee to annul the order passed by the Administrator on the premise of the principles "once a waqf is always a waqf" and not on the allegation of any fraud, misrepresentation or misleading.” It added, “Assuming if the order passed by the Administrator is a nullity and void-ab-initio, until and unless the same is set aside by an order of a court of competent jurisdiction, the same continues to be in force." Nothing is pointed out regarding any such power or jurisdiction being vested with the Karnataka State Waqf Board under the scheme of Waqf Act, 1995, enabling it to recall or review its own order.” Court said the authority which passes an order determining the rights of the subjects in exercise of its quasi judicial jurisdiction in the absence of any specific provision can recall or review its order only if such an order is obtained by playing fraud, misrepresentation or misleading the authority. “Therefore, the proceedings dated 12.03.2020 by the respondent-State Board of Waqf constituting a Law Committee to annul the order of the Administrator is outside the purview of the provisions of the Waqf Act.
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