Shrines constitute wakf by user without dedication; prior unpublished Special Officer report lacks finality; revenue records presume wakf ownership; historical books inadmissible for private title proof; writ jurisdiction limits interference with quasi-judicial findings.

JUDGMENT :

SANJAY DHAR, J.

01. The subject matter of the afore-titled two writ petitions is the dispute relating to management and entitlement to the properties pertaining to Ziarat Farid-ud-Din Sahib and Ziarat Assrar-ud-Din Sahib situated in Kishtwar. The litigation in this regard has a long chequered history, which was initiated before this Court in the year 1979 by institution of writ petition-OWP No. 97 of 1979 by the writ petitioners, who claim to be Sajjada Nasheens of the aforesaid two shrines. They also lay claim to the properties attached to the aforesaid two shrines. The writ petition was decided by this Court by virtue of judgment dated 10.09.1998 whereby the claim of the writ petitioners was rejected. The judgment passed by this Court was challenged by the writ petitioners by way of an LPA bearing LPA(OW) No. 283/1998, which came to be dismissed by the Division Bench of this Court in terms of judgment dated 30.05.2003. The writ petitioners challenged the said judgment before the Supreme Court by way of Civil Appeal No. 65 of 2006. The writ petitioners also filed a petition under Article 32 of the Constitution of India before the Supreme Court of India bearing Writ petition (Civil) No. 633 of 2004 whereby they laid challenge to the vires of the provisions contained in Jammu and Kashmir Wakafs Act, 1978 (hereinafter to be referred to as “Act of 1978”) and Jammu and Kashmir Wakafs Act, 2001 (hereinafter to be referred to as “Act of 2001”).

02. The civil appeal and the aforesaid writ petition were clubbed together and disposed of by the Supreme Court in terms of order dated 28.02.2013. A consensual order came to be passed by the Supreme Court and both the cases were disposed of in the following terms:

(i) The order dated May 30, 2003 passed by the Division Bench and orders dated September 10, 1998 and February 10, 2000 passed by the learned Single Judge of the High Court are set aside.

(ii) Writ Petition being Writ Petition No. 97 of 1979 is restored to the file of the High Court for fresh consideration and decision after hearing the parties in accordance with law. The petitioners shall be at liberty to file additional documents/additional affidavit in support of the Writ Petition. It will be open to the respondent to file additional counter affidavit with additional documents.

(iii) Writ Petition (Civil) No. 633 of 2004 filed before this Court is transferred to the Jammu & Kashmir High Court. The Registry shall send the paper books of the Writ Petition along with annexures to the Registry of the Jammu & Kashmir High Court, which will register the said Writ Petition on the record of the High Court.

(iv) The interim order dated January 2, 2006 passed by this Court shall remain operative until the decision by the learned Single Judge of the High Court on the above two Writ Petitions and for a further period of three months thereafter.

03. In view of the aforesaid order of the Supreme Court, the matter again landed before this Court for its fresh decision on merits. The writ petition filed by the petitioners before the Supreme Court came to be registered as OWP No. 441/2013. It appears that during pendency of the writ petitions, efforts were made by the parties to settle the matter amicably and in this regard, an application CM No. 908/2026 came to