1. Petitioners have sought quashment of the eviction notices and eviction orders passed by the respondents and have also prayed for restraining the respondents from causing any kind of interference in the peaceful use, occupation, enjoyment and possession of the Specified Wakafs Property held by the petitioner(s) described in the respective writ petitions. They have further sought to declare Sub-section 2 of Section 22-B, Sections 22D, 22E and 22K of Jammu & Kashmir Muslims Specified Wakafs and Specified Wakafs Properties (Management and Regulation) Act, 2005, hereinafter referred to as Wakaf Act-2005 as un-constitutional on the grounds taken in the writ petition(s).

2. Learned counsel for the respondents raised preliminary objections that these writ petitions are not maintainable on two counts; first that the Wakaf Board is not amenable to the writ jurisdiction and second that petitioners have alternate remedy available. Further learned counsel for respondents stated that Wakaf Act-2005 is under challenge before the Apex Court and a writ petition is pending before the said Court.

3. Keeping in view the preliminary objection raised by the learned counsel for respondents, I deem it proper to decide the preliminary issues without touching the merits of the case.

4. The questions involved in these writ petitions are; Whether the Wakaf Board-constituted under Jammu & Kashmir Specified Wakafs and Specified Wakaf Properties (Management & Regulation) Act, 2004 is fully autonomous body and not an instrumentality of the State? Whether Wakaf Act 2004 provides a alternate efficacious remedy to the petitioners?

5. In order to reply these questions, the facts of the case(s) are to be kept in view.

The case of the petitioners is that they are in possession, occupation and use of the subject matter of the writ petition(s) respectively on lease basis in terms of legal and valid lease deed(s). The respondents have illegally and without jurisdiction passed impugned eviction notices and orders.

6. The case of the respondents is that right of the petitioner(s) to occupy and enjoy the property has expired and notice came to be issued. Thereafter came to be declared as un-authorised occupants under the provisions of the Wakaf Act 2004. The Board came to be constituted under the Wakaf Act 2004-is autonomous and independent body and not an instrumentality of the State. The Government has no control over the Specified Wakaf Properties and the Government has no control whatsoever over the funds of the Wakaf Board and State is not providing any financial assistance to the Board. The Wakaf Board is not enjoying monopoly status. The activities of the Board are of different kind. State has no control over the Board of Wakaf Properties. The functions of the Board are purely of public importance and property of public wakaf are being preserved and protected by the Board under the provisions of the Act.

7. The Wakaf Act 2004 provides how Board can be constituted, how by-laws can be made, what are the Specified Wakafs and Specified Wakaf Properties. Wakaf Act 2004 also provides; how Board of Directors is to be constituted, composition of Board, qualifications for membership of the Board, powers and duties of the Board, how meetings are to be convened, liability of the members, how to seek and receive offerings, how accounts are to be maintained and audited etc. Section 22 of the Wakaf Act 2004 provides how to recover Wakaf Property and what is the procedure for eviction/recovery.

8. Order No.101 dated 25th August, 2005 provides that the eviction orders can be challenged before the appellate authority as laid down in Sections 44 and 56 of J&K Wakfs Act 2001. It is profitable to reproduce order No.101 herein which reads as under:

"In pursuance of the procedure of eviction as laid down in sections 44 and 56 of J&K Wakfs Act 2001 as extended to J&K Muslim Specified Wakfs and Specified Wakf Properties (Management, and Regulation) Act 2004 (section 22), the powers of Chairma

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