Karnataka High Court
The Assistant Executive Engineer (Ele) vs The Chief Executive Officer And Ors on 18 March, 2024
Author: V Srishananda
Bench: V Srishananda
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WP No. 205584 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
WRIT PETITION NO. 205584 OF 2019 (GM-WAKF)
BETWEEN:
THE ASSISTANT EXECUTIVE ENGINEER (ELE),
O&M SUB-DIVISION, GULBARGA ELECTRICITY
SUPPLY COMPANY LTD., (GESCOM), BHALKI, TQ:
BHALKI,
DIST: BIDAR.
...PETITIONER
(BY SRI. RAVINDRA REDDY, ADVOCATE)
AND:
1. THE CHIEF EXECUTIVE OFFICER,
Digitally signed KARNATAKA STATE BOARD OF WAKFS,
by SHILPA R "AARULAUQAF" NO.6, CUNNINGHAM ROAD,
TENIHALLI
BANGALORE-560052.
Location: High
Court Of
Karnataka 2. THE ENQUIRY OFFICER,
KARNATAKA STATE BOARD OF AUQAF,
"AARULAUQAF", NO.6, CUNNINGHAM ROAD,
BANGALORE-560052.
3. THE WAKF OFFICER,
DIST. WAKF ADVISORY COMMITTEE,
BIDAR.
4. THE PRESIDENT/SECRETARY,
DAIRADAWAL MALIK (SUNNI) MUSLIM,
KHABRASTAN, BHALKI, DIST: BIDAR,
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WP No. 205584 of 2019
BHALKI.
5. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF WAKF BOARD,
M.S. BUILDIDNG BANGALORE-560001
...RESPONDENTS
(BY SRI.NARESH V. KULKARNI, ADVOCATE FOR R1,
R2 & R3 ARE SERVED,
SRI. ABDUL MUQHTADIR &
SMT. PRAKRITI M. BURALKAR, ADVOCATES FOR R4,
SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE WRIT OF CERTIORARI, QUASHING THE PROCEEDINGS
IN NO. KSBW-ENQ/07/BDR/2014-15, DATED-15.12.2014 VIDE
ANNEXURE-Y BEFORE THE RESPONDENT NO.2 AND
NOTIFICATION NO. KTW/MSC/12/BDR/86-87, DATED-
08.01.1987, GAZETTED ON DATED-20.12.2001 BY
RESPONDENT NO.5 VIDE ANNEXURE-T IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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WP No. 205584 of 2019
ORDER
Heard Sri Ravindra Reddy, learned counsel for the petitioner, Sri Naresh V. Kulkarni, learned counsel for respondent No.1, Sri Abdul Maqhtadir and Smt. Prakriti M Buralkar, learned counsels for respondent No.4 and Sri Veeranagouda Malipatil, learned High Court Government Pleader for respondent No.5.
2. Writ petition is filed with the following prayer:
"WHEREFORE, it is humbly prayed that, this Hon'ble Court may be pleased to issue writ as follows:
a). To issue writ of certiorari, quashing the proceedings in No. KSBW-ENQ/07/BDR/2014-15, dated-15.12.2014 vide Annexure-Y before the Respondent No.2; and Notification No. KTW/MSC/12/BDR/86-87, dated-08.01.1987, gazetted on dated-20.12.2001 by Respondent No.5 vide Annexure-T;
b). To issue writ or order or direction, deemed fit to this Hon'ble Court, in the circumstances of the case, in the interest of justice and equity with cost."
3. Facts of the case are as under:
Karnataka Electricity Board and now called as Gescom, insofar as the subject matter of the writ petition is concerned, -4- NC: 2024:KHC-K:2307 WP No. 205584 of 2019 being the owner of land in new Sy.No.186, old Sy.No.281 at Bhalki village, occupied a land for the purpose of putting up power house and other allied activities of the erstwhile Mysore State Electricity Board, (MSEB for short) in the year 1963.
4. Later it was noticed that portion of the land occupied by the then MSEB was the Municipal Land and portion thereof was that of the Wakf Board. Therefore, a responsible engineer of KEB had a spot inspection in the presence of the persons who were elected as Municipal members in the year 1962-63 and forwarded a letter to the Supervisor, MSEB, Section Officer, MSEB, the Assistant Engineer, ELECL., M.S.E.B. Humnabad, for information.
5. In the said letter the following decisions were taken after the spot inspection:
1. To take up negotiations with the municipality of Bhalki for acquiring a portion of the land which is in our possession either free of cost.
2. To acquire from the Wakf Board the portion of the land which is already in possession of the Mysore State Electricity Board at the compensation to be finalized by negotiations with the Wakf board authorities. -5-
NC: 2024:KHC-K:2307 WP No. 205584 of 2019 (The Chairman of Wakf Boards for the district are understood to be the Deputy Commissioner of the respective District. The compensation that may be fixed by them would be nominal and reasonable since the acquisition is not from a private party.)
3. To authorize the superintending Engineer, Electrical, MSEB, Gulbar to take up negotiations with the municipality of Bhalki and also with Wakf for finalization of compensation amounts by negotiations and to pay the amount and get the plot of land registered in the name of the MSE."
6. Approval of the board was sought for the acquisition of the land. In pursuance of the said meeting, on 20.09.2070, Chairman, District Wakf Committee, Bidar wrote a letter to executive Engigeer, Bidar, whereby it was notified that without completion of the acquisition proceedings, the establishment of electricity power house is illegal.
7. Copy of the said letter was also marked to the Assistant Commissioner and land Acquisition Officer, Bidar. Assistant Commissioner thereafter wrote a letter to the Secretary, Revenue Department, Government of Karnataka forwarding the letter of the Chairman District Wakf Committee, -6- NC: 2024:KHC-K:2307 WP No. 205584 of 2019 Bidar and also wrote a letter the effect that the Deputy Commissioner, Bidar has approved for the acquisition of the land for construction of the power house at Bhalki and submitted the declaration under Section 6 of the Land acquisition Act along with enclosures of Section 5-A report for approval and accord sanction to proceed under Section 6 (1.A) of the land acquisition Act.
8. Executive Engineer, electrical also wrote a letter to the Assistant Commissioner and land acquisition, Bidar on 30.11.1974, intimating that the amount of Rs.2,185/- is arranged in cash and the same is forwarded to the Land Acquisition Officer. Thereafter, all other charges were also paid by the Executive Engineer, electrical towards the acquisition costs.
9. Finally, Tahasildar wrote a letter to the Assistant Commissioner mentioning that in Sy.No.186 of Bhalki village, to the extent of 2 acres 21 guntas, there is already building available belonging to the Karnataka Electricity Board. Sketch was furnished and revenue entries were also mutated. -7-
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10. When the matter stood thus, a notification came to be issued and published in Karnataka Gazette on 20.12.2001, whereby correction of entries were made by incorporating the extent of the land of Wakf Board in Sy.No.186 to the extent of 2 acres 8 guntas of Bhalki village.
11. In the meantime, in respect of the notification bearing KTW/MSE/12/BDR/86-87, dated 08.01.1987 was sought to be corrected by incorporating the extent of land in Sy.No.186 as 8 acres 6 guntas by publishing the same in the Karnataka Gazette dated 20.12.2001. The same is under challenge by the petitioner as it would run contrary to the acquisition proceedings and therefore, sought for quashing of the same.
12. Sri Ravindra Reddy learned counsel for the petitioner reiterating the grounds urged in the writ petition contended that the corrigendum issued by the Karnataka Wakf Board, vide Annexure-T dated 20.12.2001, unilaterally would act detrimental to the interest of the petitioner inasmuch as -8- NC: 2024:KHC-K:2307 WP No. 205584 of 2019 without there being any survey conducted by any authorities and without notifying the petitioner and all other persons who are affected, issuance of the corrigendum by the Karnataka Board of Wakfs by acting under the power vested under Sub Section 2 of Section 5 of the Wakf Act is illegal and sought for quashing of the same.
13. Per contra, Sri Naresh V. Kulkarni, learned counsel representing the Chief Executive Officer, Karnataka State Board of Wakfs, supported Annexure-E, by contending that what has been done by issuance of letter is only a correction to the extent in the land held by Wakf Board in Sy.No.186 of Bhalki Taluk, which was the grave yard of Muslims and therefore, the mistake that has been committed in the notification number KTW/MSC/12/BDR/86-87, dated 08.01.1987 has been corrected and sought for dismissal of the petition.
14. Learned High Court Government Pleader submits that the corrigendum published in the gazette is only to the extent that the Government is responsible and whatever contents that has been furnished in the corrigendum that has been published in the gazette.
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15. Respondent No.4 adopted the arguments put forth on behalf of the 1st respondent.
16. Having heard the parties, this Court perused the material on record meticulously.
17. Admittedly, a Power House Station has been installed by the erstwhile Mysore Electricity Board which was subsequently termed as Karnataka Elecricity Board, now GESCOM in the year 1962 in Sy.No.186 of Bhalki village.
18. The power Station was established under the impression that the entire land in Sy.No.186 belongs to the Government. When there was a objection that there was lands which were belonging to Municiplaity and Wakf Board, were also formed the part of the power station installation, a meeting was held by one of the Engineers of MSEB. That meeting is at Annexure-C dated 13.06.1970. Municipal Councilors of the year 1962-63, were also summoned at that inspection, so also few other Municipality Officers were present.
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19. In their presence, the joint inspection was conducted by the Engineer.
20. It was noticed that Bhalki Municipality was very eager to get the electricity in their favour and in their enthusiasm, land measuring 200X450 feet was given to the electricity department, with free of cost.
21. The Municipal Councilors, who were present when the land was given to the Electricity Department also comprised of members of the Wakf Board.
22. However, since the portions of the land belonging to Municipality and Wakf Board was occupied by the electricity board without acquisition, an understanding was reached that portions of the land which were occupied by electricity board belonging to the municipality and wakf board is to be compulsorily acquired and nominal compensation was to be paid and necessary permission was sought for acquiring the land.
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23. Correspondence took place in this regard and the land was acquired and electricity board deposited the money with the Assistant Commissioner. Assistant Commissioner brought to the notice of the Deputy Commissioner and also revenue Secretary and obtained necessary approval for acquiring the land belonging to the Wakf board and the municipality and necessary payment was made.
24. Compensation was also drawn by Municipality and the Wakf Board at an undisputed point of time, whereby the electrical installation made by the Board was held to be tallied retrospectively.
25. However, Annexure-T came to be issued by way of a corrigendum by disrupting the Wakf property particulars in Sy.No.186 by publishing the same in the Gazette, dated 20.12.2001.
26. Admittedly, the petitioner is not a party to the said corrigendum proceedings nor any enquiry whatsoever was held by the Governmental Authorities including Municipal Officers, nor any survey has been conducted before issuing the
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NC: 2024:KHC-K:2307 WP No. 205584 of 2019 Annexure-T whereby there is violation of all principles of law governing the issue of corrigendum by the Wakf Board.
Accordingly, following:
ORDER
(i) Writ petition is allowed.
(ii) Notification No.KTW/MSC/12/BDR/86-87, dated 08.01.1987 marked at Annexure-T is hereby quashed.
(iii) Subsequently, notice dated 15.12.2014 marked at Annexure-Y also stands quashed.
Sd/-
JUDGE MR List No.: 1 Sl No.: 69