Waqf Registration Based on Tenant's Application Without Notifying Mutawalli Violates Natural Justice: Karnataka High Court

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Published 2 November 2026

Case: Syed Abdul Khader v. State of Karnataka
Court: High Court of Karnataka
Bench: Justice S. Sunil Dutt Yadav
Citation: 2024 LiveLaw (Kar) 234
Decided: 3 June 2024
Statutes: Waqf Act, 1995 — s.36
Source: LiveLaw

Bottom Line Up Front (BLUF)

In Syed Abdul Khader v. State of Karnataka, 2024 LiveLaw (Kar) 234, the Karnataka High Court on 2024-06-03 held that registering a property as Waqf based on a tenant's application without notifying the mutawalli violates principles of natural justice and Section 36 of the Waqf Act, 1995. The court quashed the registration order.

Ratio Decidendi · Legal Principle Established

The registration of a property as Waqf under Section 36 of the Waqf Act, 1995, based on an application by a tenant, without providing notice and an opportunity of hearing to the mutawalli or the person in charge of the property, constitutes a violation of the principles of natural justice.

Practice & Procedural Impact for Advocates

Advocates representing mutawallis or property managers should ensure that due notice and an opportunity to be heard are provided before any property is registered as Waqf. Litigants challenging Waqf registration orders must verify if the procedure under Section 36 of the Waqf Act, 1995, including notification to the mutawalli, was strictly followed. Failure to adhere to natural justice principles can be grounds for quashing such registration orders.

Key Legal Takeaways

1Waqf registration requires notice to the mutawalli.
2Tenant's application alone is insufficient for Waqf registration without due process.
3Violation of natural justice renders Waqf registration invalid.

The Legal Issue The Karnataka High Court addressed whether the registration of a property as Waqf, initiated by a tenant's application and completed without notifying the mutawalli (manager of the Waqf property), violates the principles of natural justice and the provisions of the Waqf Act, 1995.

Court's Reasoning Justice S. Sunil Dutt Yadav, in Syed Abdul Khader v. State of Karnataka, observed that Section 36 of the Waqf Act, 1995, mandates a specific procedure for Waqf registration. The court emphasized that the principles of natural justice require that any person whose rights are affected by an administrative decision must be given notice and an opportunity to be heard. In this case, the registration was initiated by a tenant, and the mutawalli, who was directly responsible for the property, was not informed or given a chance to present their case. The court found this omission to be a clear violation of natural justice, rendering the registration order unsustainable.

What Follows The Karnataka High Court quashed the order registering the property as Waqf. The matter was remanded to the Karnataka State Board of Auqaf for fresh consideration. The Board was directed to issue notice to all interested parties, including the mutawalli, and provide them with an opportunity of hearing before passing a fresh order regarding the Waqf registration.