Idgah maidan can be used only as playground; and twice a year for Ramzan and Bakrid prayers for now: HC

Court passes interim order on petition filed by Karnataka State Board of Auqaf challenging rejection of khata in its favour

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.