- 1 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103530 OF 2023 (GM-WAKF) BETWEEN: 1. SAHEBALAL S/O GUDUSAB ROHILE AGED ABOUT 64 YEARS, OCC. BUSINESS, R/O. HANJI COLONY, KUDACHI TOWN, KUDACHI 591311, TQ. RAIBAG, DIST. BELAGAVI. 2. MUNORUDDIN S/O ABASAHEB JINABADE AGED ABOUT 66 YEARS, OCC. BUSINESS, R/O. CHINCHALI NAGAR, JUNNED NAGAR, WARD NO.2, KUDACHI TOWN, KUDACHI 591311, TQ. RAIBAG, DIST. BELAGAVI. …PETITIONERS (BY SRI. SHRIHARSH A NEELOPANT,ADVOCATE) AND: 1. THE ENQUIRY OFFICER THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, DARUL AWKAR, #6, CUNNINGHAM ROAD, R Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 BANGALORE 560052. 2. THE DARGAH ESATE (SUNNI) KUDACHI TQ. RAIBAG, DIST. BELAGVI, REPRESENTED BY ITS SECRETARY, GAZALADDIN S MARUF, AGED NOT KNOWN, OCC. SECRETARY, R/O. THE KUDACHI DARGAH ESTATE, SUNNI, KUDACHI, KUDACHI 591311. TQ. RAIBAG, DIST. BELAGAVI. 3. THE WAQF OFFICER DISTRICT WAQF OFFICE, 58/8, 1ST A CROSS ROAD, NEAR BASAVA CIRCLE, VITHAL DAMODAR NAGAR, CHIKODI 591201. TQ. CHIKODI, DIST. BELAGAVI. …RESPONDENTS JINADSAB ALLAAUDDING NASARDI @ NANA NASARDI S/O ALLAUDDIN NASARADI, AGE: 59 YEARS, R/O SHIRAGUR ROAD, AT POST KUDACHI (RURAL) DIST: BELAGAVI …PROPOSED RESPONDENT NO. 4 (BY SRI. D L LADKHAN., ADVOCATE FOR R1-R3; SRI. A D NADAF., ADVOCATE FOR PROPOSED R4 ON I.A.2/25) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER BEARING NO.KSBA/ENQ/47/BGM/2022 DATED 04.05.2023 PASSED BY THE 1ST RESPONDENT, AS PER ANNEXURE-A AND DISMISS THE PETITION FILED UNDER SECTION 54 OF THE WAKF ACT FILED BY THE 2ND RESPONDENT AS PER ANNEXURE-B AND ETC. THIS WRIT PETITION, COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ or order or direction in the nature of writ of certiorari to quash the impugned order bearing No. KSBA/ENQ/47/BGM/2022 dated 04.05.2023 passed by the 1st Respondent, as per Annexure-A and dismiss the petition filed under Section 54 of the Wakf Act filed by the 2nd respondent as per the Annexure-B. b. Grant such other further reliefs as this Hon’ble Court deems fit in the circumstances including costs in the interest of justice and equity. 2. The respondent No.1-Chief Executive Officer of the Karnataka State Board of Waqf as an enquiry officer under Section 54 of the Waqf Act, 1955, had conducted an enquiry and submitted his report on 4.05.2023. It is challenging the alleged direction issued in the said enquiry report that the petitioner is before this court. 3. Sri.Shriharsh A.Neelopant, learned counsel for the petitioners, would submit that in terms of Section 54 of the Waqf Act, the Chief Executive Officer on - 4 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 receiving a complaint, could conduct an enquiry, but, however, post the enquiry, the Chief Executive Officer has to make an application to the Tribunal for the grant of an order of eviction. The Chief Executive Officer by himself cannot order the eviction. It is on that ground that he submits that the enquiry report is required to be set aside since it reads that there is a direction which has been issued for the eviction of the petitioners without having approached the Tribunal. 4. Sri.D.L.Ladkhan, learned counsel for respondent No.1 to 3 would, however, submit that what has been done by the Chief Executive Officer/enquiry officer is only to conduct an enquiry to determine whether the property belongs to the Darga and the petitioners are encroachers over the property and this aspect has been determined by the Chief Executive Officer by declaring that the property in survey No.620 measuring 88 acres 27 guntas and survey number 271 measuring 149 acres situated at village Kudachi, - 5 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 Raibag taluk, Belgaum district, is a waqf property belonging to Darga, Kudachi estate, Kudachi, and that respondent No.1 is an encroacher. The Chief Executive Officer/enquiry officer has also directed the District Waqf Advisory Committee, Chikodi, to calculate the damages towards the use of the property as per the directions issued therein and submit a report along with material documents for filing appropriate application/suit before the Karnataka Waqf Tribunal under Section 7 of the Waqf Act, 1995 read with Rule 9 of the Karnataka Waqf Rules, 2017. In that background, he submits that the enquiry has been limited only in respect of determining the ownership of the property of the wakf, rest of the proceedings will be taken up by the Tribunal constituted under the Waqf Act, before whom appropriate application/suit would be filed. The said application/suit could not be filed due to the pendency of the above proceedings. - 6 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 5. Heard Sri.Shriharsh A.Neelopant, learned counsel for the petitioners and Sri.D.L.Ladkhan, learned counsel for the respondents. None appears for proposed respondent No.4. Perused papers. 6. The short question that would arise for consideration of this court is whether the Chief Executive Officer/enquiry officer could order the eviction of the encroacher on conducting an enquiry under Section 54 of the Waqf Act, 1995 and whether, in the present case, such an order has been passed? 7. Section 54 of the Waqf Act, 1995 is reproduced hereunder for easy reference: 54. Removal of encroachment from waqf property.— (1) Whenever the Chief Executive Officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is waqf property and, which has been registered as such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice, as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli. - 7 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 (2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed. (3) If, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is waqf property and that there has been an encroachment on any such waqf property, he may, make an application to the Tribunal for grant of order of eviction for removing such encroachment and deliver possession of the land, building, space or other property encroached upon to the mutawalli of the waqf. (4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property: Provided that the Tribunal may before making an order of eviction, give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer. (5) If any person refuses or fails to comply with the order of eviction within forty-five days from the date of affixture of the order under sub-section (2), the Chief Executive Officer or any other person duly authorised by him in this behalf may evict that person from, and take possession of, the waqf property. 8. A perusal of Subsection (1) of Section 54 would indicate that whenever the Chief Executive Officer considers, on receiving any complaint or on his own motion, that there has been an encroachment of any land, building, space or other property which is a - 8 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 Waqf property, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice as to why an order requiring him to remove the encroachment before the date so specified should not be made. 9. Upon a notice being issued in terms of Subsection (2) of Section 54, in terms of Subsection (3) of Section 54, the objections, if any, received would have to be considered during an enquiry and if the Chief Executive Officer is satisfied that the property in question is a waqf property, and that there has been an encroachment on any such waqf property, he may make an application to the Tribunal for grant of order of eviction for removing such an encroachment and deliver possession of the land or building, space or other property encroached upon to the Mutawalli of the Waqf. - 9 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 10. In terms of Subsection (4) of Section 54, the tribunal, upon receipt of such an application from the Chief Executive Officer, shall make an order in relation thereto in the manner prescribed thereunder. 11. In the present case it is not in dispute that a complaint has been received, the Chief Executive Officer has issued a notice to the petitioner, thus complying with the requirements of both Subsection (1) and Subsection (2) of Section 54 of the Waqf Act. 12. Coming to Subsection (3) of Section 54, the enquiry which is contemplated after considering the objections received is for the Chief Executive Officer to be satisfied that the property is a waqf property, which is what the Chief Executive Officer has done in the present case by determining that the property belongs to the Darga, Kudachi estate, Kudachi, thereafter an order has been passed directing the petitioner to remove the encroachment. The direction - 10 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 issued to remove the encroachment cannot be an order of eviction as such, inasmuch as once a determination has been made of the ownership of the property to be belonging to a Waqf, the Chief Executive Officer has directed the alleged encroacher to remove the encroachment. If the encroacher were to remove the encroachment, there would be no requirement of any further proceedings to be followed. 13. In the event of the encroacher not removing the encroachment, then the Chief Executive Officer cannot remove the encroachment by himself, but would have to approach the Tribunal for necessary orders, which the Tribunal can pass in terms of Subsection (4) of Section 54 of the Waqf Act. Thus, the Chief Executive Officer has the power to issue notice, consider objections, determine the ownership of the property, as well as direct the removal of encroachment, if any found, however, he would not have the power to remove the encroachment by - 11 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 himself if not so removed by the encroacher, but would have to approach the Tribunal for eviction, removal of encroachment and any other action that is proposed to be taken including claim of damages as sought to be done in the present matter. 14. Hence, I answer point raised above by holding that the Chief Executive Officer has no power to pass an order of eviction of the encroacher on conducting enquiry under Section 54 of the Waqf Act, 1995. In the present matter, the Chief Executive Officer/enquiry officer having directed the Waqf Officer, District Waqf Advisory Committee, Chikodi, to calculate the damages and file appropriate application/suit before the Karnataka Waqf Tribunal, on account of the petitioner not having removed the alleged encroachment, it would be for the Tribunal to pass necessary orders on the said application as and when filed. The order of the enquiry officer would not amount to an order of eviction per se. - 12 - HC-KAR NC: 2025:KHC-D:10383 WP No. 103530 of 2023 15. Hence, no grounds being made out, the petition stands disposed. In the event of the petitioners being in possession, the Chief Executive Officer is restrained from dispossessing the petitioners until appropriate orders are passed by the Tribunal. 16. All contentions are left open to be decided by the Tribunal. 17. Pending IAs stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 173