S. No. 92 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2507/2022 CM(6346/2022) c/w WP(C) 389/2023 CM(3095/2023) CM(879/2023) MOHAMMAD ASHRAF ZARGAR AND ORS …Petitioner(s) Through: Mr. Taha Khaleel, Advocate Vs. UNION OF INDIA AND ORS ...Respondent(s) Through: Mr. M. I. Dar, Advocate & Mr. Mohammad Yawar, Advocate for R 2 to 4 CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 24.03.2025 WP(C) No. 2507/2022 & WP(C) No. 389/2023 1. Through the medium of the instant writ petitions, petitioners question the notices and orders issued by the respondent No. 4, Executive Magistrate/Tehsildar, J&K Wakf Board, Zero Bridge, Raj Bagh, Srinagar whereby the petitioners, in the capacity as tenants of certain shops belonging to the Wakf Board, have been asked to pay the arrears of rent on revised rates or to vacate the shops. 2. During the pendency of the present writ petitions, an objection has been raised with respect to the maintainability of the instant petitions viz-a-viz the jurisdiction of this Court to adjudicate upon an issue arising out of an act done by the J&K Wakf Board being amenable to the jurisdiction of Wakf Tribunal. 3. Learned appearing counsel for the petitioners has produced a copy of the judgment dated 29.02.2024 passed by this Court in case titled “Traders Association Ziyarat Baba Reshi (RA) Tangmarg vs Union Territory of J&K and Others” bearing WP(C) No. 2361/2022 in terms whereof this Court has held that every action taken by the J&K Wakf Board is amenable to the jurisdiction of Wakf Tribunal and till the time such Tribunal is created for the Union Territory of Jammu and Kashmir, status quo has been ordered. It would be profitable to reproduce relevant paragraph of the judgment supra as under: “23. 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. Learned counsel for the petitioners further submits that the said Tribunal has not yet been created in the Union Territory of Jammu & Kashmir, therefore, this Court is the only forum available to the petitioners to question the impugned notices and orders of the respondent No. 4. 5. Be that as it may, this Court in terms of the judgment supra has specifically dealt with and decided the same issue raised before it by providing that the official action of the J&K Wakf Board is amenable to the jurisdiction of Wakf Tribunal only and this Court can extend an interim protection to the petitioners for the time that may get consumed in availing such remedy. 6. In the circumstances, the instant writ petitions, with the consent of the learned counsel for the parties, is disposed of by providing that petitioners shall approach the Wakf Tribunal to question the impugned notices and orders. Taking note of the fact that there is no such Tribunal available in the Union Territory of Jammu & Kashmir and having regard to the ratio laid down in the judgment supra, there shall be status quo with regard to the subject matter of these writ petitions. 7. Disposed of on the above lines. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 24.03.2025 Aamir Amir Rashid Sofi I attest to the accuracy and authenticity of this document 26.03.2025 16:33