HIGH COURT OF JAMMU &KASHMIR AND LADAKH

AT JAMMU

…

OWP No.830/2012

Reserved on: 30.12.2021

Pronounced on: 27.01.2022

Mohd Ashraf

…….Petitioner(s)

Through: Mr. F. A. Natnoo, Advocate

Versus

State of J&K and others

……Respondent(s)

Through: Mr. S. S. Ahmed, Advocate

Mr. Rahul Raina, Advocate

CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1.

In this writ petition, the petitioner is seeking the following relief:

i.

Writ of Certiorari quashing notification issued under SRO

351 dated 23.08.1982 by respondent no.1 under

endorsement no.CMS(Auqaf)37/82 dated 23.08.1982 to the

extent it pertains to notification and publishing of land

measuring 18 Marlas falling under Khasra no.1007 in

Doda City, Tehsil Doda.

ii.

Writ of Prohibition restraining the respondents from

charging any rent/premium from the petitioner in respect

of land measuring 18 Marlas falling under Khasra

no.1007 situated at Doda City, Doda.

iii.

Writ of Mandamus commanding the respondent to

conclude the process of the denotification of land

measuring 18 Marlas falling under Khasra no.1007 of

Doda City from Wakf property initiated in the year 1992.

2.

The aforesaid relief is sought on the ground that on 07.11.2005 Bikrami,

one Haji Ghulam Mohd. Bhat purchased a piece of land measuring 18

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Marlas falling under Khasra No.1007, from Masjid Committee, Doda,

through its Secretary, against consideration of Rs.350/-. He constructed a

residential house over the said land. The Jammu & Kashmir Wakaf Act,

1978 (for short, the Act of 1978), came to be enacted after about 25 years

of the aforesaid sale. The petitioner’s case is that since the land in question,

over which the house was constructed, was purchased 25 years prior to

coming into force of the Act of 1978, the said property could not be

notified to be Wakaf Property. The petitioner submits that the property in

question was purchased by his father from the above Haji Ghulam Mohd.

Bhat in the year 1995 and was later on gifted to him by his father and the

property in question came in his possession and is presently in his

possession. According to the petitioner, in the year 1982, on some

misinformation, the land came to be notified and included in the Wakaf

Property, Doda vide notification dated 30.08.1982. The petitioner further

pleads that when erstwhile owner Haji Ghulam Mohd. Bhat came to know

about the notification referred to above, he sought denotification of

property referred to above by making representation before Wakaf

Committee Doda, which vide resolution dated 30.05.1992 recommended

for its denotifcation. He submits that the property in question was gifted to

him by his father and after such gift he also represented before the

authorities for denotification of the property. It is the case of the petitioner

that despite such representations made for denotification of property in

question, authorities failed to communicate any decision.

3.

The main ground taken up by the petitioner is that once the property was

sold by Masjid Committee, Doda, to Haji Ghulam Mohd. Bhat, the

property could not be notified as a Wakaf Property. The sale had taken

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place in the year 1953 and J&K Wakaf Act came into force in the year

1978, as such, the Act of 1978 is not applicable to the property in question.

The notification dated 23.08.1982 issued vide SRO 351 insofar as it relates

to the land in question, i.e., 18 marlas of land, as Wakaf is unauthorized

and is required to be quashed.

4.

Respondent no.3 in its objections has disputed the maintainability of the

writ on the ground that the remedy of filing writ is not available and that

the writ has been filed at a belated stage inasmuch as there is inordinate

delay and laches. The petitioner has not availed the