Pardeep Kumar and Ors v. State Th.Law Deptt. and Ors

ORDER

10.07.2025

¶1The petitioners, claiming to be tenants/allottees and holding possession over the Wakafs properties of respondents situate at various locations in Jammu and apprehending that they may be evicted from the properties held by them legally, in view of the new enactment of the J&K Wakafs Act, 2001, being ultra vires to the Constitution, through the medium of this petition, prayed for the following relief(s): "(a) An appropriate writ, order or direction in the nature of writ of certiorari quashing Jammu and Kashmir Wakafs Act, 2001 being ultra vires the Constitution.

(b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents not to take or initiate any action under the said Act against the tenants/allottees of the Wakafs property.

(c) An appropriate writ, order or direction in the nature of writ of certiorari quashing all the actions, proceedings, procedures and measures initiated by the respondents under the aforesaid Act against the allottees/tenants of the Wakafs property including the petitioners."

¶2Objections stand filed on behalf of respondents, contradicting the assertions made in the petition and seeking its dismissal.

¶3Learned counsels for the respondents, submit that the petition has been rendered infructuous, in view of the repealing of the J&K Wakafs Act, 2001, sought to be declared as ultra vires the Constitution and quashed, in terms of the Jammu & Kashmir Reorganisation Act 2019 having been enacted by Parliament of India. In this backdrop, it was contended that this petition is liable to be dismissed, having been rendered infructuous.

¶4Learned counsel for the petitioners, did not join the issue, stating that no action had been initiated against the petitioners, however, they apprehending to be evicted had challenged the J&K Wakafs Act, whose provisions were anti tenants/lessees and also in contraventions to the constitutional provisions.

¶5In 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:

"96. Power to adapt laws 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 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." Table -1 of 5th 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 3rd 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.

¶6With 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 declare and quash the J&K Wakafs Act, 2001 as unconstitutional becomes redundant and infructuous, particularly, when no action was alleged to have been taken against the petitioners in terms of the Act sought to be quashed.

¶7Viewed thus, the petition is dismissed, having been rendered infructuous, along with application(s). Interim direction, if any, vacated. No order as to costs.

(MA Chowdhary) Judge Jammu

10.07.2025 Raj Kumar

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 704/2004 1. Pardeep Kumar, S/O Gullu Ram, R/O 38-5 Talab Tillo, Jammu. 2. Raj Kumar Sharma, S/O Shri Tala Ram, R/O Bhagwati Nagar, Jammu. 3. Charan Lal, S/O Devi Dass, R/O Ashok Nagar, Satwari, Jammu. 4. Amarjeet Singh, S/O Late Amrik Singh, R/O 100/12 Nanak Nagar, Jammu. 5. Ashwani Gupta, S/O Yash Paul Gupta, R/O 1792-F Shastri Nagar, Jammu 6. Gurinder Paul Singh, S/O Surinder Singh, R/O 157/11 Nanak Nagar, Jammu. 7. Tilak Raj, S/O Shri Madan Mohan, R/O Sector 4, House. No. 48, Sanjay Nagar, Jammu. 8. Surinder Singh, S/O Late S. Jaswant Singh, R/O 16-A Extension Gandhi Nagar, Jammu. 9. Fahim Ahmed Khan, S/O Abdul Ghani, R/O Bahu Fort Colony, Jammu. 10. Harpal Singh, S/O S. Harbans Singh, R/O F-95-A Sector 14, Nanak Nagar, Jammu. 11. Jatinder Singh, S/O Sh. Rajinder Singh, R/O 184-A/D, Gandhi Nagar, Jammu. 12. Amin Mohd. S/O Wazir Mohammad, Shop No.5 Residency Road, Jammu. 13. Sudesh Dutta, W/O Late Om Parkash Dutta, Shop No. 4, Residency Road, Jammu. 14. Om Parkash Mehra, S/O Sh. Ram Rakha R/O Residency Road, Shop No.7, Jammu. Petitioner(s) Sr.No. 1 15. Bhushan Chander Jain, S/O H. L. Jain, Mahavir Radio, Residency Road, Jammu. 16. Shri Prem Sagar, S/O Sh. Laxman Dass, M/s Jain Opticians, Residency Road, Jammu 17. Smt. Nirmala Devi, W/O Late Kewal Krishan Shop No.6, Residency Road, Jammu. Through: Mr. Mohit Vaid, Advocate Vs 1. State of Jammu & Kashmir Through Chief Secretary, Civil Secretariat, Srinagar. 2. Commissioner/Secretary, Law Department, Civil Secretariat, Srinagar. 3. Commissioner/Secretary, Haj & Aquaf Department, Civil Secretariat, Srinagar. 4. Administrator, Aquaf Department, Jammu. .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG for R-1&2. Mr. S. S. Nanda, Sr. AAG for R-3. Mr. Ayjaz Lone, Advocate for R-4. CORAM: HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE