STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) versus A. P. STATE WAKF BOARD & ORS.

Citation: [2022] 19 S.C.R. 1226 · Decided: 07-02-2022 · Supreme Court of India · Bench: HEMANT GUPTA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 19 S.C.R.
[2022] 19 S.C.R. 1226
1226
STATE OF ANDHRA PRADESH
(NOW STATE OF TELANGANA)
v.
A. P. STATE WAKF BOARD & ORS.
(Civil Appeal No. 10770 of 2016)
FEBRUARY 07, 2022
[HEMANT GUPTA AND V. RAMASUBRAMANIAN, JJ.]
Wakfs – Publication of Notification issued by Wakf Board in
the State Government Gazette – Effect of – Whether the State is
estopped to challenge such notification – Held: The Wakf Board is
a statutory authority under the 1954 Act as well as under the 1995
Act – The Official Gazette has to carry any notification at the instance
of the Wakf Board – The State Government is not bound by the
publication of the notification in the Official Gazette at the instance
of the Wakf Board only for the reason that it has been published in
the Official Gazette – The publication of a notice in an Official
Gazette has a presumption of knowledge to the general public as
an advertisement published in a newspaper – The mere reason that
the notification was published in the State Government gazette is
not binding on the State Government – Wakf Act, 1995 – Wakf Act,
1954.
Wakfs – Wakf Act, 1995 – ss.40 and 32(2)(n) – Wakf property
– Whether power to investigate and determine the nature of property
is an administrative function or a quasi-judicial function as an
inquiry is required to be conducted before any property is declared
to be Wakf property – Power of the Wakf Board to investigate and
determine the nature and extent of Wakf – Held: Is not purely an
administrative function – The power to determine under s.32(2)(n)
is the source of power but the manner of exercising that power is
contemplated u/s.40 – An inquiry is required to be conducted if a
Board on the basis of information collected finds that the property
in question is a wakf property – An order passed thereon is subject
to appeal before the Wakf Tribunal, after an inquiry required is
conducted in terms of sub-section (1) of s.40 – Therefore, there
cannot be any unilateral decision without recording any reason
that how and why the property is included as a wakf property – The
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finding of the Wakf Board is final, subject to the right of appeal
under sub-section (2) – Thus, any decision of the Board is required
to be as a reasoned order which could be tested in appeal before
the Wakf Tribunal – The Wakf Board has power to determine the
nature of the property as wakf under s.32(2)(n) but after complying
with the procedure prescribed as contained in s.40 – Such procedure
categorically prescribes an inquiry to be conducted – The conduct
of inquiry pre-supposes compliance of the principles of natural
justice so as to give opportunity of hearing to the affected parties –
On facts, the proceedings produced by the Wakf Board do not show
any inquiry conducted or any notice issued to either of the affected
parties – Primarily, two factors had led the Wakf Board to issue the
impugned Errata notification, that is, order of the NazimAtiyat and
the second survey report – Both may be considered as material
available with the Wakf Board but in the absence of an inquiry
conducted, it cannot be said to be in accordance with the procedure
prescribed u/s.40 – Since there is no determination of the fact
whether the property in question is a wakf property after conducting
an inquiry in terms of s.40(1), the Errata notification cannot be
deemed to be issued in terms of s.32 r/w s.40.
Wakfs – Wakf Act, 1995 – s.40(3), proviso – Reliance on
proviso to s.40(3) of 1995 Act, contemplating notice to the registered
trust or society in case the Wakf Board has any reason to believe
that any property is Wakf and is registered under any of the Acts –
Held: Is absolutely misconceived – These provisions deal with an
altogether different situation – If a trust or society is already
registered but the Wakf Board finds it to be Wakf, the statute
contemplates notice to the authority – It does not mean that such
trust or society is not required to be heard – The hearing to Trust or
Society would also be as per the principles of natural justice.
Wakfs – Entitlement of Government to dispute validity of
Notification issued by Wakf Board before the Writ Court u/Art. 226
of the Constitution – Held: State Government, as a juristic entity,
has a right to protect its property through the writ court, just as any
individual could have invoked the jurisdiction of the High Court –
On facts, the State Government was competent to invoke the writ
jurisdic

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