J AND K WAQF BOARD THROUGH CHAIRPERSON v. ISHFAQ AHMAD SALATEE AND OTHERS
RP/37/2026 · 2026-08-12
Moksha Khajuria Kazmi
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 2664 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2664 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 134 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR RP 37/2026 in [WP(C) 2948/2022] CM(5154/2026) J AND K WAQF BOARD THROUGH CHAIRPERSON …Appellant(s)/Petitioner(s) Through: Mr. Ruaani Ahmad Baba, Advocate & Mr. Aqib Nazar Wani, Advocate Vs. ISHFAQ AHMAD SALATEE AND OTHERS
...Respondent(s) Through:
CORAM:
HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER 12.08.2026
1. By this petition, petitioners herein are seeking review of the
judgment/common order dated 08.07.2026 passed in WP(C) 2948/2022, to the extent it directs that the operation of the impugned notices and orders shall remain stayed till the time the Government constitutes the Waqf Tribunal in the Union Territory of Jammu & Kashmir. The writ petition WP(C) 2158/2023 was also listed along with on the relevant date.
2. Learned counsel for the review petitioners submits that the stay order has led to financial losses for the Board and that the Waqf Board, being a statutory body, retains the authority to regulate and manage its properties, including the issuance of notices regarding rent enhancement & eviction. The impugned order is stated to be hampering such functioning of the review petitioners.
3. Learned counsel for the review petitioners further submits that the review petitioners would have no objection in case status quo is applied in the present case.
4. Having regard to the innocuous prayer made by the review petitioners, the present petition is disposed of, at this stage by recasting paragraph No. 6 of the order under review as under: In the circumstances, the writ petition i.e., WP(C) 2948/2022, 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, Status quo with respect to the subject matter of the petition, shall be maintained till the time the Government constitutes the Wakf Tribunal in the Union Territory of Jammu & Kashmir.
5. The present review petition, accordingly, is disposed of on the above lines.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR: 12.08.2026
“Adil Ismail”