01 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR OWP No. 498/2001 Ziyarat Batamaloo through Mohd Maqbool ….. Petitioner (s) Through: Mr. Z A Shah, Sr. Adv. with Mr. Hanan Kalwal, Adv. V/s Jammu and Kashmir Special Tribunal ….. Respondent(s) Through: Mr. M Sultan, Adv. for R2. Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge ORDER 29.08.2025 1. The petitioner, through the medium of present petition, has, assailed the order dated 13.08.2021 passed by respondent No. 1 in File No. STS/505/2000 titled Jalal ud din Bhat Vs. Intizama Committee Ziyarat Batamaloo and for directing the respondent No. 1 to transfer the file to the Appellate Authority as prescribed under J&K Wakafs Act, 2001 for disposal under law. 2. Mr. Z A Shah, learned Sr. Adv. and Mr. Mr. M Sultan, Advocate appearing on behalf of the petitioner and the respondent No. 2 respectively are unanimous in their submissions that as on date, Jammu and Kashmir Wakafs Act, 2001 is not in operation and has been repealed by Wakafs Act, 1995 (Central), in view of the P a g e | 2 OWP No. 498/2001 enactment of J&K Reorganization Act, 2019 but no Tribunal has been established as on date in the Union Territory of Jammu and Kashmir in terms of the Act of 1995. 3. In view of the controversy at hand, the writ petition as well as appeal pending before respondent No. 1 are disposed of by permitting the respondent No. 2 to avail the appropriate remedy as is available under law to assail the order which is subject matter of the appeal pending before the learned Tribunal. 4. Mr. M Sultan, learned counsel for the respondent No. 2 submits that sufficient time be granted to avail the remedy as is available under law. 5. The present petition is disposed of in terms of aforesaid directions and the respondent No. 2 is permitted to assail the order which is subject matter of the appeal by availing remedy as is available under law within a period of three months from today. 6. Copy of order be sent to the learned Tribunal for information. (Rajnesh Oswal) Judge SRINAGAR 29.08.2025 Aasif