The Lucknow Bench of the Allahabad High Court has clarified the limits of the Sunni Central Waqf Board’s powers in matters concerning the revenue records of Waqf properties. The court held that the Board, while exercising its general powers, cannot direct a District Magistrate (DM) to enter, remove, or modify a person’s name in the revenue records. A bench comprising Justice Alok Mathur and Justice Amitabh Kumar Rai made the observation while dismissing a petition filed by Shams Tabrez.
Revenue Record Changes Must Follow Legal Procedure
The High Court held that changes to revenue records concerning Waqf properties cannot be made merely on the directions of the Waqf Board. Any mutation must be carried out in accordance with the procedure prescribed under the Uttar Pradesh Revenue Code. The court made it clear that the Board’s general administrative powers do not extend to directing revenue authorities to enter, delete, or modify a person’s name in official records.
Waqf Board Cannot Direct DM to Make Mutation
The proceedings involved questions concerning the powers of the Waqf Board and the procedure to be followed for mutation of revenue records relating to Waqf property. The High Court observed that any decision to enter, delete, or modify a name in the revenue records must be taken by the competent revenue authority in accordance with the applicable statutory procedure. In other words, the Waqf Board cannot bypass the prescribed revenue process by directly asking the District Magistrate to make changes to the records.
Uttar Pradesh Revenue Code Governs Mutation
The court’s observation underscores that the status of a property as Waqf property does not, by itself, create a separate mechanism for altering revenue records. Where mutation is sought in relation to such property, the competent revenue authority must follow the procedure prescribed under the Uttar Pradesh Revenue Code.On this basis, the court dismissed the petition filed by Shams Tabrez.
What Is Mutation in Revenue Records?
Mutation refers to the process of updating government revenue records following a change in the person recorded in relation to a property or a change in the relevant rights or interests reflected in those records. The process is governed by applicable revenue laws and prescribed procedures. The Allahabad High Court’s observation reinforces that changes concerning Waqf properties must also be processed through the legally prescribed revenue mechanism.
