JUDGMENT :

WASIM SADIQ NARGAL, J.

1. At the outset, this Court deems it appropriate to examine the preliminary objection raised by the respondents regarding the maintainability of the present petition. Since the issue of maintainability lies at the very foundation of the matter, the Court considers it proper to adjudicate the same before entering into the merits of the controversy.

2. It is further relevant to note that despite repeated opportunities, the petitioners have chosen not to appear and have remained unrepresented. Nevertheless, as the respondents have specifically pressed the objection concerning maintainability, this Court proceeds to decide the said issue on the basis of the pleadings and material available on record.

Prayer:

3. The petitioners, through the medium of the present petition, have sought the following reliefs:

“a)Declaring SRO 320 dated 31.08.1985 issued by Secretary to Government Haj & Auqaf along-with all acts, deeds and things done pursuant there-to or in consequent there-of, including all revenue entries, notifications, agreements etc, as bad in law, illegal, unconstitutional, null and void ab-initio.

b) Commanding the Respondents to strike-off all revenue entries made in favour of Auqaf as a consequence to the passage of impugned SRO 320 dated 31.08.1985 issued by Secretary to Government Haj &Auqaf.

c) Commanding the Respondents to retrieve the lands and properties (including the Rent) occupied by the Department of Haj and Auqaf as a consequence to the passage of impugned SRO 320 dated 31.08.1985.

Certiorari:

1) Quashing the communication No.DCP/SQ/1319 dated 02.11.2012 written by Respondent No.2 to Respondent No.5 recommending handing over of 5 Kanals; 13 Marlas land (MaqboozaMekhama Janglat- Gair Mumking Building) comprised in Khasra No.1436 Shehar Khas Poonch to Auqaf Committee. Mandamus:

1) Directing the Respondents to retrieve the land measuring 5 Kanals; 13 Marlas (MaqboozaMekhama Janglat- Gair Mumkin Building) comprised in Khasra No.1436 Shehar Khas Poonch from the encroachers/ Auqaf Committee within some specified time frame.”

4. Petitioner No. 1 claims to be the President of Shri Sanatan Dharma Sabha, District Poonch. Petitioner No. 2 is an Advocate by profession and is also a social activist, writer and opinion maker. Petitioner No. 3 is a prominent citizen and social worker.

5. The petitioners have preferred the present writ petition being aggrieved of the issuance of SRO 320 dated 31.08.1985 by the respondents, whereby a list of Wakaf properties pertaining to eleven villages of Tehsil Poonch was published.

Brief facts of the case

6. It is the case of the petitioners that the SRO 320 dated 31.08.1985 was issued in violation of the provisions of the J&K Wakafs Act, 1978, particularly without conducting proper enquiry or preparing the report as required under Section 4(3) of the Act, and according to the petitioners, the respondents, by abuse of statutory powers, included several lands and properties as Wakaf properties in an illegal and fraudulent manner.

7. According to the petitioners, the general public, including the petitioners and even certain Government departments, came to know about the issuance and implications of the impugned SRO only in March 2017, when the Administrator, Auqaf Islamia, issued an eviction notice dated 24.03.2017 under Section 45 of the J&K Wakafs Act, 2001, to the District Information Officer, Poonch, alleging unauthorized occupation of land measuring 03 Kanals and 08 Marlas comprised in Khasra No. 1389, which was claimed by the Wakaf Department to be Wakaf property.

8. The further case of the petitioners is similar eviction notices and demands were also issued to other Government institutions, including Government Degree College, Poonch, as well as to private individuals, and in certain cases, rent was also demanded by the Wakaf authorities on the basis of the impugned SRO.

9. Petitioners are particularly aggrieved by the inclusion of various Government lands and public util