Ziyarat Batamaloo through Mohd Maqbool v. Jammu and Kashmir Special Tribunal
Case at a glance
- Bench
- RAJNESH OSWAL
Outcome
Disposed of
The present petition is disposed of in terms of aforesaid
Provisions considered
Key paragraphs
- Para 55. The present petition is disposed of in terms of aforesaid directions and the respondent No. 2 is permitted to assail the order which is subject matter of the appeal by availing remedy as is available under law within a period of three months from…
Judgment
AT SRINAGAR Ziyarat Batamaloo through Mohd Maqbool OWP No. 498/2001 ….. Petitioner (s) Through: Mr. Z A Shah, Sr. Adv. with Mr. Hanan Kalwal, Adv. V/s Jammu and Kashmir Special Tribunal Through: Mr. M Sultan, Adv. for R2. ….. Respondent(s) Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge ORDER 29.08.2025
The petitioner, through the medium of present petition, has, assailed the order dated 13.08.2021 passed by respondent No. 1 in File No. STS/505/2000 titled Jalal ud din Bhat Vs. Intizama Committee Ziyarat Batamaloo and for directing the respondent No. 1 to transfer the file to the Appellate Authority as prescribed under J&K Wakafs Act, 2001 for disposal under law.
Mr. Z A Shah, learned Sr. Adv. and Mr. Mr. M Sultan, Advocate appearing on behalf of the petitioner and the respondent No. 2 respectively are unanimous in their submissions that as on date, Jammu and Kashmir Wakafs Act, 2001 is not in operation and has been repealed by Wakafs Act, 1995 (Central), in view of the P a g e | 2 OWP No. 498/2001 enactment of J&K Reorganization Act, 2019 but no Tribunal has been established as on date in the Union Territory of Jammu and Kashmir in terms of the Act of 1995.
In view of the controversy at hand, the writ petition as well as appeal pending before respondent No. 1 are disposed of by permitting the respondent No. 2 to avail the appropriate remedy as is available under law to assail the order which is subject matter of the appeal pending before the learned Tribunal.
Mr. M Sultan, learned counsel for the respondent No. 2 submits that sufficient time be granted to avail the remedy as is available under law.
Operative part
The present petition is disposed of in terms of aforesaid directions and the respondent No. 2 is permitted to assail the order which is subject matter of the appeal by availing remedy as is available under law within a period of three months from today.
Copy of order be sent to the learned Tribunal for information. (Rajnesh Oswal) Judge SRINAGAR 29.08.2025 Aasif
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The present petition is disposed of in terms of aforesaid
Which statutory provisions did this judgment involve?
J&K Wakafs Act, 2001; Jammu and Kashmir Wakafs Act, 2001; Wakafs Act, 1995; J&K Reorganization Act, 2019.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.