The Rajasthan High Court has taken suo motu cognisance of reports claiming that several properties in Jodhpur, including judges’ official residences, schools, colleges, temples, residential buildings and commercial establishments, were recorded as Waqf properties in official records. The Court has converted the matter into a public interest litigation (PIL) and fixed the next hearing for 11th August.
Court orders status quo on disputed properties
A Division Bench of Justice Pushpendra Singh Bhati and Justice Praveer Bhatnagar passed an interim order on 27th July, directing that the current ownership and legal status of properties falling under Khasra Nos. 482, 485 and 490, along with the properties mentioned in the news report, must remain unchanged.
The Bench also stopped any mutation, transfer, lease, licence, construction, demolition or any other activity that could change the legal or physical status of these properties based on the disputed entries.
Court raises questions over property records
The High Court said the issue goes beyond individual ownership disputes because it involves educational institutions, places of worship, judicial residences and several public and private properties. It observed that the revenue records and Waqf records appear to show different ownership details, making the matter serious enough for judicial examination.
The Court said public records, including revenue records, statutory registers and digital databases, have legal value and conflicting entries about the same property cannot continue without proper scrutiny.
Report triggered court action
The Court acted after examining a report published by Dainik Bhaskar on 27th June. The report stated that Khasra Nos. 482, 485 and 490 in Jodhpur (Rural) were recorded in revenue records in the name of the concerned revenue authority but were shown as Waqf properties in the Waqf Gazette and on the Umeed Portal.
The Bench noted that the list of properties includes Sohanlal Manihar School, Shah Govardhanlal Kabra College, Kabra Matrushri Kala Mandir, Agarwal Bagichi, Agarwal Mahavir Temple, Satguru Kabir Ashram, Goureshwar Mahadev Temple, Maru Lohar Sikligar Temple, Joonagar Nyati Bagichi, two Nyati Bhawans, Geeta Bhawan, and many residential and commercial properties.
The properties also include the official residences of sitting Rajasthan High Court judge Justice Vinit Kumar Mathur and former Jharkhand Chief Justice Prakash Tatia.
Directions to officials
The High Court directed the District Collector of Jodhpur to preserve all revenue records and carry out a physical verification of the land with photographs and GPS details.
It also asked the Chief Executive Officer of the Rajasthan Board of Muslim Waqf to produce the complete original records related to the inclusion of these properties in the Waqf Gazette and on the Umeed Portal. The District Minority Welfare Officer has also been asked to explain the data-entry process carried out for the Umeed Portal.
Court highlights legal process
The Bench said that if a property is shown as Waqf property in official records, such an entry must be supported by law and follow the procedure laid down under the Waqf Act, 1995, and other applicable laws. It observed that making entries without following the legal process or without informing affected parties raises serious concerns.
The Court also referred to Article 25 of the Constitution, saying it protects the freedom to practise religion but does not allow the State to grant ownership rights over property only because of a religious claim.
Considering the large number of properties involved, the High Court issued notices to the Union government, the Rajasthan government and local authorities in Jodhpur. Advocates Moti Singh and Abhishek Mehta have been appointed as amici curiae to assist the Court.
