year from
the date of commencement of the Wakf
(Amendment) Act, 2013, in case such survey
was not done before the commencement of
the Wakf ... survey
of auqaf was not done before the commencement
of Wakf (Amendment) Act, 2013. Admittedly in the
matter on hand, the survey was conducted prior
2013
I.A.NO.XVIII AND XIX FILED U/S 36 AND 87 OF THE WAKF ACT,
1995 R/W SEC 151 OF CPC .
THIS ... Wakf Act, 1995 ('the Act') was not in
operation as it was omitted by Wakf (Amendment) Act, 2013
(Act No.27 of 2013
Wakf Act, 1995 undergoes an amendment
to several provisions one such amendment is to Section 3(k) . The
amended provision of 2013 reads as follows
Wakf
Act, any dispute concerning the Wakf should be decided by
the Tribunal as constituted under the Wakf Act, 1995 .
9. It is further contended ... which brought about
the amendments to the Wakf Act, 1995 as Wakf
(Amendment) Act, 2013 numbered as 27/2013. The
Notification was published
relevant to
- 19 -
consider the provisions of Section 51 of the Waqf Act,
1955 which reads as under:
"51. Alienation of waqf property
without ... been leased
out before the date of commencement of the
Wakf (Amendment) Act, 2013.
(1A) Any sale, gift, exchange, mortgage
or transfer of waqf property
Act.
4
2. The present Act (Act 43 of 1995), which
replaced the Wakfs Act, 1954 (29 of 1954) and the Wakfs
(Amendment) Act ... sustained.
21
26. The Wakf Act, 1995 (43 of 1995) was amended
by the Wakf (Amendment) Act, 2013. The amended Act
having received the assent
amended vide the Wakf
(Amendment) Act, 2013 (Act No.27/2013); that by the
Repealing and Amending (Second) Act, 2015 (Act
No.19/2015 ... 2013 and therefore, in view the
repealing the Wakf (Amendment) Act, 2013, the
endorsement dated 7.12.2015 issued by the Respondent is
liable to be quashed
MEMBERS
UNDER SECTION 14(9) OF THE WAKF ACT, 1995 AS
AMENDED BY THE WAKF (AMENDMENT) ACT, 2013 [27 OF
2013] AND RULE ... members under Section 14(9) of the Wakf Act, 1995
as amended by the Wakf (Amendment) Act, 2013 and Rule
40 of the Karnataka Wakf
Public
interest as a Muslim members of the State to
protect the Wakf administration being misused by
the State Government. Further, the Petitioners ... state and they have bounded duty to protect
misuse of Wakf (Amendment) Act, 2013 and
Karnataka Wakf Rules 2017."
Hence, all the petitioners
KARNATAKA STATE BOARD
OF WAKFS NO.6, DARUL-AWKAF,
CUNNINGHAM ROAD,
BANGALORE-560052.
2
3. THE WAKF OFFICER
DISTRICT WAKF OFFICE,
NEAR RTO, CHITTAPUR
ROAD ... THIS CRP IS FILED U/S.83(9) OF WAKF ACT 1995
AMENDMENT ACT 2013 R/W SEC. 115 OF CPC , PRAYING TO SET
ASIDE
