MANZOOR AHMAD WANGNOO Vs. STATE

JUDGEMENT

(1.) PETITIONERS have sought quashment of the eviction notices and eviction orders passed by the respondents and have also prayed for restraining the respondents from causing any kind of interference in the peaceful use, occupation, enjoyment and possession of the Specified Wakafs Property held by the petitioner(s) described in the respective writ petitions. They have further sought to declare Sub -section 2 of Section 22 -B, Sections 22D, 22E and 22K of Jammu & Kashmir Muslims Specified Wakafs and Specified Wakafs Properties (Management and Regulation) Act, 2005, hereinafter referred to as Wakaf Act -2005 as un -constitutional on the grounds taken in the writ petition(s).

(2.) LEARNED counsel for the respondents raised preliminary objections that these writ petitions are not maintainable on two counts; first that the Wakaf Board is not amenable to the writ jurisdiction and second that petitioners have alternate remedy available. Further learned counsel for respondents stated that Wakaf Act -2005 is under challenge before the Apex Court and a writ petition is pending before the said Court.

(3.) KEEPING in view the preliminary objection raised by the learned counsel for respondents, I deem it proper to decide the preliminary issues without touching the merits of the case.