The High Court of Karnataka on Thursday directed maintenance of status quo on the Idgah maidan in Chamarajpet, and allowed it to be used only as a playground and allowed the Muslim community to offer prayers there for Ramzan and Bakrid, and not on any other day till the court decides on dispute over the land.
Justice Hemant Chandangoudar passed an interim order on a petition filed by the Karnataka State Board of Auqaf and the District Wakfs Officers, Bengaluru.
The petitioners questioned the legality of the August 6, 2022, order, passed by the Joint Commissioner (JC), Bruhat Bengaluru Mahanagara Palike (BBMP), who had rejected an application by the board to issue khata for the maidan in its favour, but also issued a direction to enter the name of the State Revenue Department in the khata of the land.
During the hearing, the court orally observed that no scope should be given for creating any unnecessary controversy or for any untoward incident. “Don’t make it another issue like the Idgah maidan in Hubballi,” the court observed.
At one stage, the court said that it would stay the JC’s order, when Advocate-General Prabhuling K. Navadgi sought a day to respond to the court’s proposal to pass an interim order not to allow use of the maidan for any other purposes, other than a playground.
Contentions
Earlier, it was contended on behalf of the board that the land, measuring 1 acre and 5 guntas, belonged to it, as a notification issued in June 1965 under the Mysore Wakfs Act, 1954, listed Idgah maidan, Chamarajpet, as wakf property.
The BBMP had erred in rejecting the grant of khata in its favour for this land, bearing survey number 40, Guttahalli village, Kengeri hobli, it was argued.
It was also argued on behalf of the board that though the JC had rejected the application for grant of khata, the official could not declared that the land belonged to the State government, and ordered entering the name of the State Revenue Department in the khata.
However, the A-G said that the notification issued under the 1954 Act is not binding and the land vests with the government under the Mysore Land Revenue Code and the Karnataka Land Revenue Act.
JC’s order
It was also contended on behalf of the government that the 1965 notification did not mention the survey number, municipal number, and the boundary to distinctly identify the land, as the notification merely stated “Idgah, Sunni, Chamarajpet”.
The JC’s order stated that the board had failed to produce all the necessary legal documents required to grant khata, as it mainly claimed the land based on the 1965 notification.
Certain earlier directions of the courts, relied on by the board, were only related to allowing use of the land for mass prayer for Muslims twice a year and not on the title for the land, the JC’s order stated.
