JUDGMENT :

JAVED IQBAL WANI, J.

1. In the instant petition the petitioner has questioned Order No. 03 of 2023 dated 01.04.2023 (for short the impugned order) issued by the Jammu and Kashmir Wakaf Board (for short the Board) whereby the management of Ziyarat Sharief Syed Khazir Sahab at Rayil, Gund Kangan and its allied properties (“for short the Ziyarat”) have been ordered to be taken over by the Board in terms of Sections 67, 68 & 69 of the Waqf Act, 1995 (for short the Act of 1995) besides having thrown challenge to Order No. 17/JKWB of 2022 dated 17.12.2022 issued by the Board whereby it came to be provided that the Board has taken over all the control and management of the Shrines/Ziyarats including the assets/properties in the whole of Union Territory of Jammu and Kashmir and any Association or local Auqaf in respect of such Wakfs shall be void-ab-initio.

The petitioner has also questioned letter dated 08.04.2023 addressed by the Board to the petitioner informing him about taking over of the Ziyarat on 08.04.2023 and further calling upon him not to spend any income on the same and in the event of breach, action under Act would be initiated.

It is significant to note here that in v