RESIDENTS OF NOWSHERA TH.HAJI AB.RASHID RATHER AND ORS v. UNION TERRITORY OF J AND K (REVENUE) AND ORS
WP(C)/1131/2025 · 2025-05-19
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 7407 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7407 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 03 REGULAR CAUSE LIST
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(2989/2025) IN WP(C) 1131/2025 CM(2990/2025) Residents of Nowshera Th. Haji Ab. Rashid Rather And Ors. …Petitioner(s) Through: Mr. Mohammad Altaf, Khan, Advocate. Vs. Union Territory of J&K and Others.
...Respondent(s) Through: Mr. Mohammad Iqbal Dar, Advocate.
CORAM: Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge.
ORDER 19.05.2025
01. While the matter was being argued, the learned counsel for the respondents produced a copy of order bearing No. 17/JKWB of 2022 dated 17th December, 2022, issued by the Chief Executive Officer, J&K Waqf Board, a perusal whereof reveals that in pursuance to the Waqf Act, 1995 which has extended to Jammu & Kashmir (UT), the constitution of new J&K Waqf Board has taken overall control/ management of all the Shrines/Ziarats including other Assets/Properties under the Muslim Specified Waqf in whole UT of Jammu & Kashmir and no Association/Self-styled Local Auqaf Committee/Management have any legal standing under the
provisions of the Central Waqf Act, 1995 and no such Committee has any kind of registration of validation from J&K Waqf Board. It has been further observed in the said order that all the local Waqf/Auqaf Committees shall be deemed as void ab-initio throughout J&K and any kind of interference by such local Waqf Committees shall be reckoned illegal and to invite action, under Law on all the Waqf Units managed by J&K Waqf Board and accordingly, all the Government Departments and the general public has been Informed that any communication/decision of any such local committee at any Waqf Unit may not be entertained. Copy of said order is taken on record. 02. The petitioner through the medium of the instant petition has called in question the freezing of the bank account of the Masjid Committee, by the Jammu and Kashmir Waqf Board on 6th July, 2023 on the basis of an order passed by the Board dated 17th December, 2022 bearing No. 17/JKWB of 2022, which order has not been challenged by the petitioner in the instant petition. 03. Faced with the above situation, the learned counsel for the petitioner seeks withdrawal of the instant writ petition with liberty to challenge the order dated 17th December, 2022 bearing No. 17/JKWB of 2022, passed by the Jammu and Kashmir Waqf Board. His statement is taken on record. 04. In view of the above, the instant writ petition is dismissed as withdrawn, with liberty as prayed for. It is
made clear that passing of this order or granting liberty to the petitioner will not come in the way of the respondents for raising any objection with regard to the maintainability of the writ petition, including period of limitation as well, as and when the said writ petition is filed.
(Wasim Sadiq Nargal)
Judge SRINAGAR: 19.05.2025
“HAMID”