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Karnataka High Court has held that Waqf tribunal under Section 83 of  Waqf Act, 1995 (as amended in 2013) is the sole authority that can adjudicate disputes such as eviction and determination of the rights of lessor and lessee pertaining to Waqf properties.

Justice Krishna Dixit who adjudicated the matter, held that the Parliamentary intention of  putting such disputes exclusively in the jurisdiction of the Waqf Tribunal is evidenced by an amendment to Section 85 which reads,

“85.Bar of jurisdiction of civil courts.—No suit or other legal proceeding shall lie in any civil court in respect of any dispute, question or other matter relating to any wakf, wakf property or other matter which is required by or under this Act to be determined by a Tribunal.”

It was further held that the language of this provision unequivocally indicates that the jurisdiction of civil court, revenue court and any other authority has been ousted.

According to the judgment, if the parliament had intend that State enactments should continue to apply, it would not have employed the term “any other authority”

The Karnataka High Court held the above while adjudicating the contention of the writ petitioners who are tenants of structures belonging to Waqf board. These tenants were issued eviction notices under Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974. The tenants approached the court by the way of a writ petition stating that such notices are not valid since the structures are governed by the Waqf Board.

The respondents contended that Karnataka eviction act, having been assented by the President of India would override the provisions of the Waqf Act. The court held that in view of the proviso of Article 254(2) of the Constitution which provides for the parliament to enact any law I respect to the same matter including a law adding to, amending, varying or repealing the law made by the legislature of the State.

The respondents also contended that the a co-ordinate bench of the Karnataka High Court in Darga Hazrat Ataulla Shah & Nabhi Shah Vs Karnataka Waqf Tribunal held that the tribunal had no jurisdiction to adjudicate matters relating to the waqf properties. The court however dismissed this contention since, the judgment analysed the provisions prior to the 2013 amendment.

Case title : Shanaz Begum Vs The Muslim Boys Orphanage