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2025 DAILYLAW 6404 (JK)

BASHIR AHMAD BHAT AND ORS v. UNION OF INDIA AND ORS (MINISTRY OF MINORITY AFFAIRS)

WP(C)/386/2023 · 2025-03-25

Javed Iqbal Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 13 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 386/2023 CM(867/2023) BASHIR AHMAD BHAT AND ORS. … Petitioner(s) Through: Mr. Taha Khalil, Advocate Vs. UNION OF INDIA AND ORS. ...Respondent(s) Through: Mr. M. I. Dar, Advocate with Ms. Sana, Advocate Mr. Faizan, CGC vice Mr. T.M. Shamsi, DSGI CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 25.03.2025 1. Upon coming of this matter for consideration, the appearing counsel for the parties produced a copy of judgment passed in WP(C)No. 2361/2022 clubbed with WP(C) No. 2117/2023 & WP(C) No. 2968/2022 in case titled as “ Traders Association Ziyarat Baba Reshi (RA), Tangmarg Vs. Union Territory of J&K and Ors.” decided on 29.02.2024 and would submit that the controversy involved in the instant petition is similar to the controversy which was involved in the aforesaid petitions and that though the said petitions were dismissed being not maintainable, yet a direction came to be issued to the Government of Union Territory of J&K to constitute one or more tribunals in terms of Section 83 of the Waqf Act, 1995 within a period of two months from the date of judgment and till such time the said tribunal/s are constituted, there shall be status quo with regard to the subject matter of the petitions. 2. Learned counsel for the petitioners would pray for the disposal of the instant petition on the similar lines on which the aforesaid judgment came to be passed in WP(C) No. 2361/2022 supra which is not being opposed by the counsel for the respondents. Heard learned counsel for the parties and perused the record. 3. The controversy involved in the instant petition seemingly is covered by the decision rendered by the Coordinate Bench in WP(C) No. 2361/2022 supra decided on 29.02.2024. Under these circumstances, the said decision shall govern the instant petition as well as follows: “In the premises, writ petitions are held not maintainable and the same are, accordingly, dismissed. However, while dismissing the writ petitions and taking note of the chaotic situation created due to non constitution of the Tribunal or Tribunals, a direction is issued to the Government of Union Territory to constitute one or more Tribunals, as it may think fit, in terms of section 83 of the Act within a period of two months from the date of this judgment. Till the Government constitutes Tribunal/ Tribunals in terms of Section 83 of the Act, there shall be status quo with regard to the subject matter of these writ petitions”. 4. Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR: 25.03.2025 “S.Nuzhat”