Karnataka High Court rejects PIL against State decision to halt property mutations amidst Waqf land dispute

The Karnataka High Court Tuesday dismissed a Public Interest Litigation (PIL) petition challenging a circular issued by the State government in November this year that halted all property mutation processes connected to alleged registration of land belonging to farmers and private individuals under the Waqf Board..A bench of Chief Justice NV Anjaria and Justice KV Aravind dismissed the PIL saying that it was vague and primarily meant for “publicity.”The bench further said that the Karnataka Government’s notification that was issued on November 9 this year was meant only for public good.“If a direction is issued by the authorities to stop the creation of khata in favour of Waqf in respect of properties or land which are cultivated by farmers or which otherwise belong to private khata holders, such directions can be perceived only in relation to public good and public interest,” the High Court said..The Court further said that the prayers made by the petitioner to set aside the November 9 notification and to protect all Waqf properties came under the executive’s domain only.The PIL, filed by one Syed Ahamed, a State government employee, claimed that as per his own research, over 91,000 acres of waqf land has been encroached across Karnataka.The petitioner urged the Court to set aside the State’s notification halting mutations and claimed that if waqf properties are not protected, it will lead to “significant losses and will interrupt the socio-economic progress of the community.”.The State government opposed the PIL and claimed it was politically motivated.The Karnataka government’s notification was issued after around 500 farmers in Karnataka's northern districts wrote to Jagdambika Pal, the chairperson of the Joint Committee of Parliament on the Waqf (Amendment) Bill, alleging that their lands were marked as Waqf properties.A day later, Chief Minister Siddaramaiah had also restrained authorities from acting upon any such transfer or property mutation notices issued to farmers and private individuals in the State..Advocate Rahamathulla Kothwal appeared for the petitioner.Additional Government Advocate Niloufer Akbar appeared for the State.