Dismissed¶35

Virender v. State Th. Law Deptt. and Ors.

J&K HC10 Jul 2025OWP/21/2012

Case brief

AI extract

What is this about?

J&K Wakafs Act 2001; Wakafs Act 1995; J&K Reorganisation Act 2019; Section 96 power to adapt laws; repeal of State law on reorganisation; writ petition dismissed as infructuous; certiorari; mandamus; renewal of lease agreements; unauthorised occupation; Aquaf/Auqaf Department Jammu; notice Auq-J/02/1657-B/2076 dated 03.01.2012; OWP No. 21/2012; MA Chowdhary, J.; decided 10.07.2025; Jammu; no costs; interim direction vacated.

What did the court decide?

No relief to the petitioner; petition dismissed as infructuous along with application(s); interim direction, if any, vacated; no costs; respondents-Wakafs at liberty to proceed afresh, if they choose, in accordance with the Wakafs Act, 1995. ¶35

Virender Vs State Th. Law Deptt. and Ors. — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶35

Issue for consideration

Whether Clause 'O' of Section 3 and Sections 45 and 46 of the J&K Wakafs Act, 2001 are ultra vires the Constitution and liable to be quashed by certiorari. +3 more

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Ratio / Principle

Upon application of the Central Wakafs Act, 1995 and repeal of the J&K Wakafs Act, 2001 in the UT of J&K in 2019, the petition seeking quashing of the impugned notice and declaration that Clause (O) of Section 3 and Sections 45 & 46 of the J&K Wakafs Act, 2001 are unconstitutional became redundant and infructuous.

¶32

Key takeaways

The statement of learned counsel for respondent No.4 was taken on record that the respondents-Wakafs shall not act upon the impugned notice, with liberty reserved to proceed against the petitioner under the new applicable law if they so desire.ratio¶31
The petition was dismissed as having been rendered infructuous, along with the pending application(s), and the interim direction, if any, stands vacated.ratio¶35
If the respondent-Wakafs chooses to proceed against the petitioner, it shall deal with the matter in accordance with the Wakafs Act, 1995.

Detailed headnote1 paragraphs

Writ petition (OWP No. 21/2012) by a tenant/allottee of Wakaf property at Jammu, apprehending eviction, challenging Clause 'O' of Section 3 and Sections 45 & 46 of the J&K Wakafs Act, 2001 as ultra vires the Constitution, seeking certiorari quashing of notice no.Auq-J/02/1657-B/2076 dated 03.01.2012 issued by respondent no.4 and mandamus for renewal of lease agreements. Dismissed as infructuous: pursuant to the J&K Reorganisation Act, 2019 (enforced w.e.f. 31.10.2019 vide S.O. 2889(E) of 2019), the Central Wakafs Act, 1995 was applied to the UT of J&K (Serial No.104, Table-1, 5th Schedule) and the J&K Wakafs Act, 2001 stood repealed (Sr. No.152, 3rd Table); counsel for respondents-Wakafs stated on record that the impugned notice shall not be acted upon, with liberty reserved to proceed against the petitioner under the new applicable law. Interim direction, if any, vacated; no costs. Held by MA Chowdhary, J.; decided at Jammu on 10.07.2025. The constitutional validity of the impugned provisions was not adjudicated.

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Sr.No. 1

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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OWP No. 21/2012

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Virender Aged 70 years, S/O Sh. Bhagat Ram, R/O H. No. 51, Kucha Satnarayan Mandir, Panjthirthi, Jammu. ….. Petitioner(s) Through: None.

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State of Jammu & Kashmir Through Chief Secretary, Civil Secretariat, Srinagar.

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.…. Respondent(s)

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Commissioner/Secretary, Law Department, Civil Secretariat, Srinagar.

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Commissioner/Secretary, Haj & Aquaf Department, Civil Secretariat, Srinagar.

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Administrator, Aquaf Department, Jammu.

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Special Officer, Haj & Auqaf Department, J&K Government, Jammu/Srinagar.

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Through : Ms. Monika Kohli, Sr. AAG for R-1&2. Mr. S. S. Nanda, Sr. AAG for R-3& 5. Mr. Ayjaz Lone, Advocate for R-4.

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CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE

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ORDER

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10.07.2025

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The petitioner, claiming to be tenant/allottee and holding possession

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over the Wakafs property of respondents situate at Jammu and apprehending that he may be evicted from the properties held by him legally, in view of the new enactment of the J&K Wakafs Act, 2001, allegedly being ultra vires to the

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Constitution, through the medium of this petition, prayed for the following relief(s):

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“(a) Allow this writ petition of the petitioner;

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(b) By issuance of writ of certiorari quash Clause „O‟ of Section 3 of J&K Wakaf Act, 2001 and consequently Section 45 and 46 which enable the respondents to treat the persons in unauthorized occupation merely on account of non-renewal of the Lease Agreements.

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(c) By a Certiorari quash impugned notice no.Auq-J/02/1657-B/2076 dated 03.01.2012 issued by respondent no.4 to some of above named petitioner.

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(d) By issuance of writ of Mandamus command the respondents to renew the lease agreements of the petitioner and to allow the petitioner to continuously conduct his business in his respective shop notwithstanding the provisions contained in Clause „O‟ of Section 3 and other corresponding provisions under the Wakaf Act. ”

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Objections stand filed on behalf of respondents 4 and 5, contradicting the assertions made in the petition, seeking its dismissal.

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In the year 2019, existing State of Jammu & Kashmir was divided into two Union Territories (UTs) of Jammu & Kashmir and Ladakh, with enactment of J&K Reorganisation Act 2019 (Act No.34 of 2019). Chapter XIV of the Act deals with Legal and Miscellaneous Provisions. Section 96 of this Chapter/Act provided as under:

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“96. Power to adapt laws

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For the purpose of facilitating the application in relation to the successor Union Territories, of any law made before the appointed day, as detailed in [Fifth Schedule to this Act], the Central Government may, before the expiration of one year from that day, by order, make such adaptations and modifications of the law, whether

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by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.”

¶30

Table -1 of 5^th Schedule of the Act, deals with Central Laws made applicable to the UTs of J&K and Ladakh. At Serial No.104, The Wakafs Act, 1995 with the requisite amendment was made applicable to the twin UTs, whereas 3^rd Table dealt with State Laws including Governor’s Act which were repealed in both the new UTs. The J&K Wakafs Act, 2001 finds its place at Sr. No.152 in this Table. The J&K Reorganisation Act was enforced w.e.f. 31.10.2019 as notified vide S.O. 2889(E) of 2019 dated 09.08.2019 issued by Department of Jammu & Kashmir Affairs of the Ministry of Home Affairs.

¶31

Learned counsel for the respondent No.4 submits that this petition has been rendered infructuous in view of repealing of the J&K Wakafs Act, 2001 sought to be declared as ultra vires to the Constitution in terms of the Jammu & Kashmir Reorganization Act, 2019 enacted by Parliament of India. He has fairly stated at the Bar that he has instructions to inform the Court that the respondents-Wakafs shall not act upon the impugned notice, in view of application of new enactment on the subject and submits that the respondentsWakafs be held at liberty to proceed against the petitioner(s) in case they so desire, to proceed in the matter, as per the new applicable law. The statement of learned counsel is taken on record.

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With application of Central Law, The Wakafs Act, 1995 and repealing of J&K Wakafs Act, 2001, in the UT of J&K in the year 2019, the petition on hand, to quash impugned notice as well as to declare Clause (O) of Section 3 and Sections 45 & 46 of the J&K Wakafs Act, 2001 as unconstitutional becomes redundant and infructuous, particularly, in view of the statement made by the

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learned counsel for the respondents-Wakafs that the impugned notice shall not be acted upon by the respondents Wakafs and the liberty be granted reserving their right to proceed against the petitioner if warranted in terms of the new applicable law.

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Viewed thus, the petition is dismissed having been rendered infructuous along with application(s). The interim direction, if any, shall stand vacated. The respondent-Wakafs, in case, it chooses to proceed against the

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petitioner, shall deal with the matter in accordance with the Wakafs Act, 1995.

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No costs.

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(MA Chowdhary) Judge

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Jammu 10.07.2025 Raj Kumar

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Raj Kumar 2025.07.16 15:27 I attest to the accuracy and integrity of this document

Virender v. State Th. Law Deptt. and Ors.

Case brief

What is this about?

What did the court decide?

Virender v. State Th. Law Deptt. and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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