SYED MAQBOOL SHAH Vs. STATE

JUDGEMENT

(1.) By this common order we propose to dispose of LPA (OW) No. 68/2000 and OPC (OW) No. 283/1998.

(2.) LPA (OW) No. 68/2000 is directed against order dated 10-2-2000 of the learned single Judge passed in OWP No. 97/1979 (reported in 2002 (4) Rec Civ R 201) whereby the property in dispute has been held to be a wakf property. LPA (OW) No. 283 is directed against order dated 10-9-1998 passed in OWP No. 520/1982 whereby order dated 30-4-1982 passed by the Deputy Minister, Aukaf. Affairs insofar it directed the payment of 25% of the total offerings (Nazur-I-Niaz) to the appellants on humanitarian grounds has been set aside and the property has been held to be a trust property which cannot be utilized for any other purpose other than prescribed in the Jammu and Kashmir Wakfs Act.

(3.) In brief the facts are that Shah Faridud-din, a saint and his son Shah Assararud-din also a saint lived in the area of Kishtwar. Shah Farid-ud-din died in 1725 AD, whereas his son pre-deceased him. After their demise their graves became a place of worship for those who had faith in them. These places are called Ziarat of Shah Faridud-din and Ziarat of Shah Assurer-ud-din. It is the admitted case of the parties that both the Ziarats were being managed by Sajjada Nasheens Syed Lutfullah Shah and Peer Nizam-Ud-Din. On coming into force of the Jammu and Kashmir Muslim Wakfs Act, 1959 under Section 4(3) of the Act a Special Officer was appointed to make a report pertaining to the wakfs properties situate at Kishtwar. The Special Officer in his report dated 9-8-1969 stated as follows : The details of immovable and movable properties with estimated value thereof belonging to the Wakf mentioned in the enclosed statement along with the receipt and expenditure and other particulars thereof in terms of reference fixed under Notification No. SRO 35, dated 12th Feb., 1964 are given therein. The Committee of Wakfs for this area has not so far been established by the Government as provided under Section 7 of Jammu and Kashmir Muslim Wakf Act, 1959 which requires to be done as early as possible, so that proper management of these wakfs is ensured and accounts thereof are maintained and not audited properly as required under Sections 30 and 31 of the said Act. Both the shrines i.e. Hazrat Shah Asrarud-din and Hazrat Shah Faru-ud-din (Hazrat Saha Asrar-ud-Din) S/o Hazrat Shah Feru-ud-Din) are being managed by Sajadaa Nashin and Mutwali Syed Hussain Shah Sahib, Chairman Notified Area Committee, Syed Nizam-ud-Din, Hakim Syed Shah and other who have got this hereditary right by virtue of one of their ancestors having been nominated as successor (Khalifa) by Hazrat Feru-ud-din in accordance with a deed. These Sajadaa Nasheens hold the charge of both the Ziarats independently since about 600 years back, whatever the income whether donated through of springs or Nazur-u-Nayaz that is being spent by these Sajadaa Nasheens on the maintenance and repairs etc. on the Ziarats. The said Ziarats have thus attained a separate and independent position and should continue as such. The committee to be established a fresh will have no jurisdiction to the maintenance and other affairs of the wholly shrines. The Sajada Nasheens were, however, agreeable to establish a Wakf Committee to be recognized by the Government under Muslim Wakf Act. The names of these Sajada Nasheens as representatives of these two shrines have, therefore, been included in the panel of members submitted separately for the Tehsil Wakf Committee. It may be mentioned here that in 1963 Dargah Asrar-I-Sharif caught fire coinciding with the disappearance of the Holy Relic at Hazaratbal Srinagar. The State Government is believed to have sanctioned a huge amount for reconstruction and renovation of the Shrine Building. The construction work executed directly by the PWD is almost complete. The Shrines are locally known as Dargahi Bala and Dargahi Pain. All Hindu and Muslims have great respect and reverence for the Ziarats and go there for prayers and seek benediction. At both the places, Bhaderwah and Kishtwar, small buildings attached to Jama Mosques have been occupied by Pelibicite Front and Jamati Islamia for their offices. On enquiry we were told that there was no agreement to this effect allowing these parties to occupy the buildings."