- 1 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 16662 OF 2018 (GM-WAQF) BETWEEN: G. NANDAKUMAR, SENIOR CITIZEN, S/O. GURUSWAMY NAIDU,LATE, R/AT NO.135, 27TH CROSS, 13TH MAIN, 3RD BLOCK EAST, JAYANAGAR, BANGALORE - 560 011. …PETITIONER (BY SRI.MAHMOOD PATEL, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF WAQFS, NO. 6, CUNNINGHAM ROAD, BENGALURU - 560 052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAQFS, NO.6, CUNNINGHAM ROAD, BENGALURU - 560 052. 3. THE DEPUTY COMMISSIONER, BENGLAURU (URBAN) DISTRICT, KANDAYA BHAVAN, BENGALURU CITY - 560 009. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 …RESPONDENTS (BY SRI.SRINIVAS KUMAR M., HCGP FOR R3; SMT.S.R.ANURADHA, SENIOR ADVOCATE APPEARING FOR SRI.SABAHATH SULTANA, ADVOCATE FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED REQUISITION DATED 19.1.2013 VIDE ANNX-A AND IMPUGNED REQUISITION DATED 19.01.2013 VIDE ANNX-B, BOTH PASSED BY THE R-2 AND/OR ISSUE ANY OTHER ORDER/S DIRECTION/S TO THE RESPONDENTS IN THE FORM OF A WRIT, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who claims to be owner of land measuring 12 guntas in Sy.No.19/1, Khata No.18 situated at Madivala village, Begur Hobli, Bengaluru South Taluk, claiming to have purchased the same in terms of deeds of sale dated 30.06.2004 and 15.04.2005 produced as Annexures-D and E is before this Court being aggrieved by the impugned requisition dated 19.01.2013 produced at Annexures-A and B, sent by respondent No.2 to respondent No.3 to take action as contemplated under Section 52 (2) of the Waqf Act, 1995 for recovery of the said properties. - 3 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 2. Counsel for the petitioner at the outset, drawing the attention of this Court to provisions of Section 52 of the Waqf Act, 1995, submits; (a) that the substantive provisions of the Act contemplate conducting of an inquiry by the Board. Inquiry contemplated pre-supposes a summary inquiry, recording evidence and thereafter passing of an order. (b) Secondly, he submits that such inquiry has to be conducted only by the Board and nobody else. That in the instant case, a purported inquiry and the impugned requisition has been forwarded by the Chief Executive Officer, who is not authorized under the Waqf Act to pass any such order or said requisition. (c) He refers to sub-section (3) of Section 23 to highlight Chief Executive Officer is only Ex-Officio Secretary of the Board having administrative control and he cannot pass orders which are quasi judicial in nature determining the rights of the party unless he is specifically delegated with such powers - 4 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 as contemplated under Section 27 of the Act. That in the instant case no such material is made available on record. (d) that except issuing the notices in the prescribed format, no opportunity of any nature whatsoever has been provided to the petitioner, in the nature of he requiring to appear before the Chief Executive Officer, presenting his case, justifying his claim. Order impugned, he submits does not meet the requirement of principles of natural justice. Hence seeks for allowing of the petition. 3. Learned Senior Counsel appearing for the respondent Nos.1 and 2, drawing attention to this Court to the provision as existed prior to the Amendment 2013 and subsequent thereafter to Sections 52 and 54, submits; (a) that the term inquiry referred to in Section 52 contemplates subjective satisfaction and does not envisage a full-fledged inquiry in the nature of recording evidence. (b) that it is the subjective satisfaction of the Board which is a condition precedent. If that is done, the matter will take further course in the nature of forwarding the requisition to the - 5 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 Deputy Commissioner. Thereafter, inbuilt provision of sub- section (4) which envisages an appeal to be filed by the aggrieved party before the Tribunal, wherein the aggrieved party would have opportunity of presenting his case, putting forth his claim/counter claim as the case may be. (c) She insists language employed in Section 52 does not pre-suppose passing of any order on the rights of the parties even by the Board or its delegate. All that Section 52 intends is subjective satisfaction of the property being the Waqf property and same being sold in contravention of Section 51 and the requisition in this regard to be forwarded. Therefore, she submits there is no provision for conducting inquiry as insisted by the petitioner and passing of an order on the rights of the parties. (d) Nonetheless, she refers to the records maintained by the respondents-Waqf Board pertaining to the case at hand and submits that the notices in the prescribed format as contemplated under Rule No.65 of the Karnataka Waqf Rule, 2017 have been sent to the party affected. He has issued a detailed reply. It is thereafter Chief Executive Officer has - 6 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 passed the order holding the subject property having been registered in the records as a Waqf property and the alienation being made in contravention of Section 51. Thus, she submits that there is complete compliance with regard to the substantive provision of the law as well as the rules framed thereunder, warranting no further interference in the matter. 4. Heard. Perused the records. 5. It appears the parties have also approached the Tribunal by filing original suit, in that the petitioner herein had filed a suit in O.S.No.5005/2011 and the Waqf-Board had filed suit in O.S.No.6184/2012. There appears to have been a permanent injunction granted in favour of the petitioner herein and the suit which was filed by the Board seemed to have been dismissed against which regular appeals in RFA No.2117/2016 and RFA No.1724/2017 are pending consideration and an interim order of status quo has been granted and the same is pending consideration. 6. The allegation of the respondents-Waqf Board is that the subject property which the petitioner claimed to have - 7 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 purchased under the deeds of sale referred to above is a Waqf property registered and maintained as such in its records and that the alienation in favour of the petitioner was in contravention of the provisions of Section 51 of the Act. 7. It is relevant to refer to Sections 51 and 52 of the Waqf Act which read as under: "51. Alienation of waqf property without sanction of Board to be void.— (1) Notwithstanding anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall be void unless such lease is effected with the prior sanction of the Board: Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused graveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased out before the date of commencement of the Waqf (Amendment) Act, 2013 (27 of 2013). (1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio: Provided that in case the Board is satisfied that any waqf property may be developed for the purposes of the Act, it may, after recording reasons in writing, take up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing recommendation of development of such waqf property, which shall be passed by a majority of two-thirds of the total membership of the Board: Provided further that nothing contained in this sub-section shall affect any acquisition of waqf properties for a public purpose under the Land Acquisition Act, 1894 (1 of 1894) or any other law relating to acquisition of land if such acquisition is made in consultation with the Board: - 8 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 Provided also that— (a) the acquisition shall not be in contravention of the Places of Public Worship (Special Provisions) Act, 1991 (42 of 1991); (b) the purpose for which the land is being acquired shall be undisputedly for a public purpose; (c) no alternative land is available which shall be considered as more or less suitable for that purpose; and (d) to safeguard adequately the interest and objective of the waqf, the compensation shall be at the prevailing market value or a suitable land with reasonable solatium in lieu of the acquired property. 52. 52. Recovery of waqf property transferred in contravention of section 51.— (1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a waqf entered as such in the register of waqf maintained under section 36, has been transferred without the previous sanction of the Board in contravention of the provisions of section 51 or section 56, it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it. (2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order. (3) Every order passed under sub-section (2) shall be served— (a) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served, is a minor, service upon his guardian or upon any - 9 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 adult male member or servant of his family shall be deemed to be the service upon the minor. (4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final. (5) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to the Board. (6) In exercising his functions under this section the Collector shall be guided by such rules as may be provided by regulations." 8. Sub-section (1) of Section 52 as noted above has 4 components to satisfy: (a) the Board is required to satisfy itself, 'after making any inquiry in such manner as may be prescribed', (b) such inquiry shall be with regard to any property being Waqf property entered as such in the register of Waqf maintained under Section 36, (c) that such Waqf property has been transferred without previous sanction of the Board in contravention of Section 51 of Section 56, (d) it is only thereafter send a requisition to the Collector within whose jurisdiction property is situate - 10 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 to obtain and deliver the possession of the property to it. 9. The first component envisages conducting of the inquiry in the manner prescribed. This is relatable to Rule 65 of Karnataka Waqf Rules 2017. Rule 65 reads as under: " 65. Procedure under Section 52 for recovery of Waqf Property.- (1) The Chief Executive Officer of the Board shall address in Form 59 to the Sub-Registrar within whose jurisdiction any immovable Waqf Property is transferred in contravention of section 51. (2) On the requisition of the Chief Executive Officer of the Board, the concerned Sub-Registrar shall issue certified copies of the documents, as per the rules. (3) The Chief Executive Officer or any other Officer of the Board authorized by him shall verify the details of the property with reference to the records obtained under sub-rule (2) and proceed further to issue and serve notices to the transferor and the transferee in Form 60 & Form 60A. (4) The Chief Executive Officer shall prepare a Report in Form 61 and place it before the Board to proceed under sub-section (1) of section 51. (5) The Board shall if necessary, forward a requisition in Form 62 to the jurisdictional Deputy Commissioner to pass necessary orders including the exercise of the power under rule 123 of the Karnataka Registration Rules. (6) The Board shall if necessary forward a requisition in Form 63 to the jurisdictional Deputy Commissioner to obtain and deliver the possession of the property so transferred in contravention of section 51 and 56". - 11 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 10. The aforesaid rule contemplate Chief Executive Officer of the Board to address in Form No.59, a communication to the Sub-Registrar regarding the transfer of property in contravention Section 51. 11. Said Form No.59 reads as under: Form 59 [See Rule 65(1)] See Section 52 of the Waqf Act Office of the Chief Executive Officer, Karnataka State Board of Auqaf Date: To The Sub-Registrar -------------------- -------------------- Sir, Sub.: Transfer of immovable Waqf Property in contravention of Section 51 of Waqf Act, 1995 issue of certified copies of Deed of Transfer - Reg. It is learnt/informed that the property shown in the Schedule below and notified as a Waqf property and registered in the Register of Auqaf under Section 37 of Waqf Act, has been transferred in contravention of Section 51 of the Waqf Act, without obtaining prior approval of the Karnataka State Board of Auqaf. SCHEDULE Sl. N o Sy.No./ Property No./Khata No. Taluk/ Village/Town Extent/ Dimension Boundari es In order to initiate action as per Section 52 of the Waqf Act and the Rules made there under certified copies of Transfer Deed and the encumbrance of the property are required. You are hereby requested to furnish the above documents within 2 days. - 12 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 Sri. …………………………………………… is authorized to receive the documents cited above from you in person and his signature is attested below. Chief Executive Officer, Karnataka State Board of Auqaf Signature Attested by 12. Sub-Registrar on receipt of such requisition is required to furnish certified copies of the documents sought for. The Chief Executive Officer or any officer of the Board authorized by him shall thereafter verify the details of the property with reference to the record obtained under sub-Rule (2) and proceed further to issue and serve notice to the transferor and transferee in Form No.60 and 60A. Form No.60 and 60A read as under: FORM 60 [See Rule 65(3)] Notice to Transferor Whereas, the properties shown below in the Schedule are Gazette notified Waqf properties registered under Sections 36 and 37 of the Waqf Act and that you are appointed as Mutawalli/Secretary of Managing Committee to supervise and manage the said immovable properties. Whereas, it is now learnt/informed that these immovable properties has been transferred by you, without prior permission of the Waqf Board and thereby there is violation of Section 51 of the Waqf Act. SCHEDULE Sl.No. Sy.No./Property No./Khata No. Taluk/Village/Town Extent/Dimension Boundaries - 13 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 You are therefore, called upon to explain/produce any documentary evidence for not having violated the provisions of Section 51 of the Waqf Act within seven (7) days from the receipt of this notice, failing which the Board shall proceed under Sections 52 and 52-A of the Waqf Act for the recovery of this immovable property. The board shall also proceed against you under Section 61(2)(b) of the Waqf Act. Chief Executive Officer/ Authorised Officer, Karnataka State Board of Auqaf. To: …………………………. …………………………. …………………………. _______ FORM 60-A [See Rule 65(3)] Notice to Transferee/Purchaser Whereas, the properties shown below in the Schedule are Waqf properties registered under Sections 36 and 37 of the Waqf Act/notified in Gazette. Whereas, it is learnt/informed that you are in possession of the Scheduled property of Waqf by way of transfer/gift/sale/mortgage/exchange vide document No………….. dated ……………….. registered in office of Sub-Registrar …………………….. SCHEDULE Sl. No . Sy.No./Property No./Khata No. Taluk/Village /Town Extent/ Dimension Boundaries 2 3 4 5 Whereas, it is now learnt after due verification that the said transfer is in violation of the Sections 51 and 56 of the Waqf Act. Therefore, you are called upon to explain as to why action should not be taken to recover the said property under Section 52 of the Waqf Act within seven (7) days from the date of receipt of this Notice. Failing which further action will be taken by the Karnataka State Board of Auqaf. - 14 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 Chief Executive Officer, Karnataka State Board of Auqaf. To: ……………….. ……………….. 13. Thereafter prepare a report in Form No. 61 and place the same before the Board to proceed under sub-section (1) of Section 51. Form No.61 reads as under: FORM 61 [See Rule 65(4)] Report of Alienation of Waqf Property in Violation of Section 51 of the Waqf Act 1. Name of the Waqf Institution; 2. Registration No. of the Waqf Institution and date; 3. Whether Muzarai Waqf; 4. Name of the Mutawalli/Secretary of Managing Committee with the details of the Order of appointment etc. and the term; 5. Name of the Administrator, details of order of appointment etc. with term; 6. Details of all the Waqf properties belonging to Waqf Institution; Sl.No Sy.No.Mun No./ Total Extent Boundaries NSEW Present usage Income derived 7. Details of Waqf properties transferred in violation of Section 51 of Waqf Act; 8. Whether the transfer is by Gift/Sale/Exchange/Mortgage; 9. Details of documents of transfer. Registration No. Date of Regn. Name of office of Registration Name of the Transferer Name of the Transferee - 15 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 1. Date of issue of notices to Transferor …………….. Transferee …………….. 2. Details of objections, if any filed and the date of filing of objections both by Transferor and Transferee. 12. Recommendation of the Chief Executive Officer 1. 2. 3. Chief Executive Officer/ Authorised Officer 14. It is thereafter Board if found necessary forward a requisition in Form No.62 to the Deputy Commissioner to pass necessary orders including the exercise of power under Rule 123 of Karnataka Registration Rules. Form No.62 reads as under: FORM 62 [See Rule 65(5)] Office of the Chief Executive Officer, Karnataka State Board of Auqaf Dated: Requisition to the Deputy Commissioner of ……………. District under Section 52(1) of Waqf Act for recovery of Waqf property transferred in contravention of Section 51/56 of Waqf Act. Whereas, the immovable property noted in the schedule is a Waqf property entered in the Register of Karnataka State Board of Auqaf. - 16 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 Whereas, under sub-section (1) of Section 52 of Waqf Act it is confirmed that the said property is transferred (as per details in the schedule) in contravention of Section 51/56 of the Waqf Act. SCHEDULE Details of Property Name of the Waqf Reg.No. and Date/ Gezette Notifica- tion No. and Date Village/ Town/ City Sy.No. /Khata No. Area Date of Alien action of the Waqf Document No. of Sub Reg. Name and Address of the transfer -ror Name and Address of the transferee (S) purchaser (S) Remarks 1 2 3 4 5 6 7 8 9 10 Now therefore, in exercise of the powers conferred upon the Board under sub-section (1) of Section 52 of the Act, the Deputy Commissioner ....... District is requested to pass an Order exercising the power under Rule 123 of the Karnataka Registration Rules and also directing the person/persons shown in column (9) of the schedule to deliver the property Board within a period of thirty (30) days from the date of orders of the Deputy commissioner. The said order shall be served in the manner laid down in sub-section (3) of Section 52 of the Act. The Deputy Commissioner,............, shall obtain and deliver the possession of property as per sub-rule (6) of Rule 55. A copy of the Order passed by the Deputy Commissioner ………………. District may be sent to this office, a copy to the Assistant Commissioner of the Revenue sub-division, to the District Waqf Advisory Committee of …………………. District and to the concerned Institution. Chief Executive Officer 15. The Board, if found necessary, shall forward a requisition in Form No.63 to the jurisdictional Deputy Commissioner to obtain and deliver possession of the property so transferred in contravention of Sections 51 and 56. Form No.63 reads as under: - 17 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 FORM 63 [See Rule 65(6)] Office of the Chief Executive Officer, Karnataka State Board of Auqaf Dated: Requisition to the Deputy Commissioner of ……………….. District under Section 52(1) of Waqf Act for recovery of Waqf property transferred in contravention of Section 51/56 of Waqf Act. Whereas, the immovable property noted in the schedule is a Waqf property entered in the Register of Karnataka State Board of Auqaf. Whereas, under sub-section (1) of Section 52 of Waqf Act it is confirmed that the said property is transferred (as per details in the schedule) in contravention of Section 51/56 of the Waqf Act. SCHEDULE Details of Property Name of the Waqf Reg.No. and Date/ Gezette Notifica- tion No. and Date Village/ Town/ City Sy.No. /Khata No. Area Date of Alien action of the Waqf Document No. of Sub Reg. Name and Address of the transfer -ror Name and Address of the transferee (S) purchaser (S) Remarks 1 2 3 4 5 6 7 8 9 10 Now therefore, in exercise of the powers conferred upon the Board under sub-section (1) of Section 52 of the Act, the Deputy Commissioner …………. District shall obtain and deliver the possession of property so transferred in contravention of Sections 51 and 56 to the concerned Institution. Chief Executive Officer 16. A conjoint reading of Section 52 and Rule 65 indicate that if the Board is of opinion, the Waqf property has been alienated in contravention, the Chief Executive Officer of - 18 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 the Board is required to comply with issuing communications in the prescribed forms which are extracted hereinabove. 17. Form 60 requires calling upon the transferor to explain/produce any documentary evidence for not having violated provision of Section 51 of Waqf Act within 7 days. Form 60A require calling upon the transferee to explain as to why action should not be taken to recover the said property under Section 52 of the Waqf Act within 7 days. 18. Thus, there is implicit statutory requirement for providing an opportunity to the transferor and transferee of the Waqf property if it is in violation of provisions of Section 51 of the Waqf Act which also indicate a summary inquiry to be conducted. Needless to state, this inquiry can be conducted either by the Board itself or upon delegation of its power under Section 27 of the Waqf Act by its Chief Executive Officer or any of its officer or the Committee as contemplated thereunder. 19. Section 27 of the Act is extracted herein for the immediate perusal. " 27. Delegation of powers by the Board.— - 19 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and section 110." 20. Though there appears to be disagreement between the petitioner and the Board with regard to respondent-Board having issued such authorization to its Chief Executive Officer, it is emphatically submitted upon instruction by the learned Senior Counsel for the respondent Nos.1 and 2 that such a general delegation of power has been issued and the same is available in records. 21. Be that as it is, the aforesaid substantive and the procedural law referred to above, are only to ensure that the party affected is given sufficient opportunity of presenting his case either as contemplated under the substantive provisions of Section 52 under Rule No.65. Read in that light and perusal of the records, indicate that the Chief Executive Officer has indeed issued such communications to the Sub-Registrar as well as to the petitioner in the prescribed format. Petitioner has also submitted reply through his counsel to the respondent No.2- - 20 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 Board. The order passed by the Chief Executive Officer as found in the records furnished indicate that the notice was issued by the Chief Executive Officer, which have written "postal shara" not claimed. The order also indicate that despite service of notice, the petitioner herein has not appeared in person before the Chief Executive Officer. It is based on these information the Chief Executive Officer has proceeded to pass the order placing it before the Board for further action to be taken as contemplated under Section 52 of the Act. In other words, from the records made available, it became clear that even the Chief Executive Officer was also under the understanding of statutory requirement of conducting inquiry though as a delegatee of the Board. The grievance of the petitioner is that he had no opportunity to present his case before the Board or its delegate. 22. Sub-sections (2) and (3) of Section 52 of the Act indicate the power and action to be taken by the Deputy Commissioner. A plain reading of which would not indicate scope of any further inquiry to be conducted by the Deputy Commissioner. - 21 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 23. However, sub-section (4) of Section 52 of the Act contemplates filing of an appeal by the aggrieved party. That appeal, would be before the Tribunal. Since statutory appeal is provided, it would invariably be against the order passed either by the Waqf Board or the Deputy Commissioner as the case may be, though the provision is silent in this regard. Needless to state, since an appeal provision is provided, it is trite that order to be appealed against be passed after hearing the interested parties. This is to ensure that the aggrieved party had full opportunity to present his case before passing order by the respondent-Board in its original jurisdiction itself. Such a procedure is inbuilt as seen in Rule 65 and formats of notices to be issued by the Chief Executive Officer. 24. In the circumstances, this Court is persuaded to accept the submission of the counsel for the petitioner, that the Board is required to conduct an inquiry. In other words, hear the party affected in person or through representatives to comply with the principle of natural justice. 25. Since the grievance of the petitioner of he not having provided with opportunity of being heard by the Board, - 22 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 the impugned order and the communications are required to be quashed by remitting the matter to the Board. 26. Accordingly, the following; ORDER (i) Writ petition is allowed. (ii) Impugned notices/communications dated 19.01.2013 vide Annexures-A and B respectively, both passed by the Respondent No.2 are quashed. (iii) Matter is remitted to the Respondent No.1- Board. Respondent No.1-Board shall ensure that it either by itself or by delegating its power as contemplated under Section 27 of the Act, hold an inquiry as to whether the subject property was registered and maintained in its records as Waqf property in terms of Section 36 of the Act. (iv) Respondent No.1-Board shall also enquire whether the alienation made was with or without prior sanction of the respondent No.1-Board. - 23 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 (v) The order shall be a reasoned order with reference to the documents relied upon and shall only thereafter proceed further as contemplated under Section 52 of the Act. (vi) Since the Chief Executive Officer has already issued notices /communications as contemplated under Rule 65 of Waqf Rules 2017, there is no requirement of re-issuance of such notices/ communications and the matter be proceeded from the stage of inquiry. (vii) The petitioner herein is at liberty to submit his objection/response with the supporting documents, if any, within 15 days. Thereafter, the respondent No.1-Board or its delegatee as the case may be shall conduct inquiry and pass appropriate orders in accordance with law, as noted above. (viii) Since the parties are represented by their counsel, the petitioner shall appear before the respondent No.1-Board or the delegate of the - 24 - HC-KAR NC: 2026:KHC:32338 WP No. 16662 of 2018 respondent No.1-Board as directed on 30.07.2026 at 2.30 p.m. without any further notice. Sd/- (M.G.S. KAMAL) JUDGE SNB, List No.: 1 Sl No.: 28