BENGALURU: The Karnataka High Court on Tuesday dismissed a public interest litigation filed against a circular issued by the state government to withdraw notices issued to farmers over entering the Waqf Board’s name in the khata of properties or lands cultivated by them.
The division bench of Chief Justice NV Anjaria and Justice KV Aravind dismissed the petition filed by social worker Syed Azaz Ahmed, a retired KAS officer from the city, challenging the circular dated September 9, 2024, addressed to all deputy commissioners to suspend the change of khata in the name of waqf.
The court said that an omnibus PIL like this could hardly be tenable and could only stand meritless. If the authorities issued the direction to stop the creation of khatas in the name of waqf for lands cultivated by farmers or which otherwise belong to private khata holders, such directions could be perceived only in the public good and public interest. This court cannot go into such aspects, but they have to be adverted to as individual cases to be dealt with following the law. For all these reasons, the present public petition is thoroughly misconceived and meritless, the court noted.
Following complaints from certain farmers and other private khata holders that their khatas had been changed to waqf, the state government, after a meeting, issued directions that such mutation process shall remain suspended and that any direction issued by any authority in that regard shall stand withdrawn.
It was also stated that instructions were passed for the withdrawal of notices issued in that regard and to provide further that no action should be taken against any farmers or farmers cultivating the land for private khata holders. Earlier instructions were also withdrawn through this circular.
The government advocate contended that the circular is only an internal communication, and it is not comprehensible how the petitioner could obtain a copy to use as the basis for the petition. This petition is politically motivated, publicity-oriented, leisurely drafted, lacking in substance, and too vague to be countenanced, he argued.