Ziyarat doesn't require any formal declaration by Wakaf Board to be treated as Wakaf: DB

18/06/2025

SRINAGAR, Jun 17: The Jammu & Kashmir and Ladakh High Court upheld that a Ziyarat doesn't require any formal declaration by the Wakaf Board to be treated as Wakaf.
The Court dismis-sed an Appeal filed by Intizamiya Committee Dargah (Appellant), which challenged the Judgment passed by the Single Bench whereby the Court dismissed the Writ Petition filed by the Appellants under Article 226 of the Constitution to challenge the Order addressed by the Respondent-Wakaf Board to the Appellants.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar held, "In the instant case, the Ziyarat in question, of course, is not situate in the proprietary land of the appellants and by virtue of definition of "Wakaf? given in Section 3, a Ziyarat does not require any formal declaration by the Wakaf Board or the Government. Section 6, as is rightly held by the writ Court, does not provide for declaration of the property as "Wakaf?. Section 6 merely casts a duty on the Government to publish the list of Wakafs in the Government Gazette, which list, subject to its modification in pursuance of the decision of the Government in an appeal against the decision of the Special Officer under Section 5, would be final and conclusive."
Senior Advocate Jahangir Iqbal Ganai appeared for the Appellants, while Advocate Mohammad Iqbal Dar represented the Respondents.
Brief Facts
The Appellants had challenged either the publication/ notification of the Ziarat as 'Wakaf', as is done in terms of SRO 510 of 1985 dated 11-12-1985 for taking over of the management of the Ziarat by the Wakaf Board.
Court's Reasoning
The High Court noted, "From careful perusal of SRO 510 dated 11.12.1985 issued by the Government in exercise of powers conferred by sub-section (1) of Section 6 of the Jammu and Kashmir Wakafs Act, 1978 and the list of property annexed thereto, it is abundantly clear that not an inch of land claimed to be the proprietary land by the appellants has been declared as Wakafs. The Ziyarat Sharif Syed Khazir Sahib, three graveyards, some land and one Jamia Masjid have been notified as Wakafs, which properties do not fall in Khasra no. 323 of village Rayil, Gund of District Ganderbal."
The Bench remarked, "In the instant case, when the survey of Wakafs in the District of Ganderbal was conducted by the Special Officer appointed by the Government, nobody including the appellants ever raised any dispute with regard to the nature of the property. As a matter of fact, the appellants cannot raise any dispute with regard to the nature of the property in question, for the reason that it is, as per own admission of the appellants, the property taken over by the Wakaf Board, is a Ziyarat. As stated above, the Ziyarat by its nature and user is a Wakaf by the operation of Section 3(d) of the Act."
The Court further explained, "That apart, the appellants deserve to be dislodged on the sole ground that their proprietary land, as claimed by them, has not been notified by the Government as Wakaf and, therefore, the appellants do not have any legal authority to challenge the action of the Wakaf Board to take over the Wakafs duly notified under Section 6 of the Act of 1978. If the grievance of the appellants is that the "Ziyarat? in question is not in Khasra no. 322 min but is in Khasra no. 323 owned and possessed by the appellants, remedy of the appellants lies somewhere else. The appellants are within their power to approach the revenue authorities for demarcation of their proprietary land or they may file a suit for possession before the civil court, as they may be advised."
Consequently, the Court ordered, "For all these reasons as also for the reasons given by the writ Court in support of the impugned judgment, We find no merit in this appeal and the same is, accordingly, dismissed. The appellant No.2, who claims to be owner of land measuring 5 Kanals in Khasra No. 323, which, admittedly, is not notified as Wakaf, shall be well within his rights to take appropriate remedies to protect his proprietary land in accordance with law and nothing said hereinabove shall come in his way to agitate his rights qua the land owned by the appellant No.2."
Accordingly, the High Court dismissed the Appeal.
Cause Title: Intizamiya Committee Dargah & Anr. v. UT of J&K & Ors. (LPA No. 187/2023)
Appearance:
Appellants: Senior Advocate Jahangir Iqbal Ganai; Advocate Mehnaz Rather
Respondents: Advocates Mohammad Iqbal Dar, Sana Imam and Ruaani A. Baba.

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