Waqf Tribunal can't reopen land cases settled before 1995, rules Andhra Pradesh High Court

Andhra Pradesh High Court

The Andhra Pradesh High Court has determined that the Waqf Tribunal lacks the authority to adjudicate property disputes that were resolved by a civil court before the implementation of the Waqf Act, 1995, reported Dainik Jagran..

The ruling, delivered by Justice Subba Reddy Satti on June 16, came in response to a writ petition filed by Kalimela Kiran Kumar. The petitioner contested the validity of a case brought against him in 2024 by the Mutawalli (caretaker) of Mazloom Shah Darvesh Takiya and Masjid Waqf, who claimed ownership of land in Guntupalli village designated as Waqf property.

Kiran Kumar argued that the issue had already been conclusively settled by a civil court in 1978, which ruled that the property in question was not Waqf land. The civil court had previously dismissed a similar claim filed in 1975 by the prior Mutawalli, who was the father of the current claimant.

The High Court reviewed Sections 6(1) and 7(5) of the Waqf Act, 1995, stating that once a civil court has issued a verdict on the nature of a property before the Act took effect, the Waqf Tribunal has no jurisdiction to reopen or relitigate the matter. Justice Satti remarked, “When the civil court has determined that the property does not belong to the Waqf institution, the Tribunal cannot entertain a suit filed four and a half decades later for a declaration of ownership.”

The court referenced the precedent established in Valluri Siva Prasad vs. District Registrar, Guntur, which affirmed that once a decision is final in a civil suit involving a Waqf, it operates as res judicata—meaning the same dispute cannot be relitigated.

The High Court rejected the Waqf Board’s claim that the land was listed as Waqf property in a 1955 survey and subsequently published in the gazette. It asserted that the civil court’s 1978 decision, which clearly stated the property was not Waqf land, takes precedence.

Additionally, the ruling emphasised that the Waqf Board, as a statutory authority, cannot unilaterally override a civil court's ruling. The court also questioned the prolonged delay in bringing the case before the Tribunal, deeming it unjustified.

The High Court annulled the Waqf Tribunal’s proceedings and ordered the case to be closed, reinforcing the principle that matters legally settled decades ago cannot be arbitrarily reopened by statutory bodies.