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2014 Supreme(J&K) 277

Hasnain Massodi
Mohd. Farooq Salari – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
O.P. Thakur, A.H. Naik, S.S. Ahmad, H.A. Siddiqui.

1. Administrator, Auqaf Islamia Jammu vide advertisement notice No. AIJ/02/2299-2300 dated 04.08.2007 invited offers in a sealed cover from interested parties identified as beneficiaries under the Jammu & Kashmir Wakaf Act, 2001, for allotment on lease of a plot of Wakaf land measuring 3 kanals & 11 marlas situated at Auqaf Complex, Gandhi Nagar Jammu.

2. The notice fixed Rs. 1,86,00000/- as minimum bid. Sh. Jamil Chowdry-respondent no. 3 herein, responded to the notice and deposited an amount of Rs. 18,60,000/- as CDR as required by the notice.

3. Petitioners claim to be Muslims by faith, were interested in protection and preservation of Wakaf property from any loss or mis-use. They are aggrieved that allotment on lease of the aforesaid plot is detrimental to the interests of Auqaf Islamia, Jammu. The land, according to petitioners, can be put to better use so as to generate more income for Auqaf.

4. Petitioners' case is that the Auqaf Islamia Jammu earlier in 1984 decided to raise a multi-storey shopping complex on the land in question and to generate funds for raising complex, decided to accept Rs. 5000/- per head contribution from the Muslims living in the Jammu City and outside a






























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