HC directs Administrator Auqaf Islamia, RS Pura and EO Waqf Board to appear in person

Land donated for Masjid allotted for commercial purpose

STATE TIMES NEWS

JAMMU: In a petition filed by Sajad Majeed, he said that a Waqf Property donated by the donor for Masjid purpose has illegally been allotted by the respondents no 2 to 4 for commercial purposes to the respondent no. 5 in the year 2012 on a premium of Rs. 9,36,000/- including ground rent.
Petitioner’s Counsel Mohd Adnan Malik argued before the court that the waqaf property donated by the donor for Masjid purpose has illegally been allotted by the respondents no 2 to 4 for commercial purpose to respondent no. 5 in the year 2012 on the premium of Rs 9,36,000 including ground rent.
Justice Javed Iqbal Wani of Jammu & Kashmir and Ladakh High Court after hearing Adv Adnan Malik directed that the Administrator Auqaf Islamia, R. S. Pura, Jammu and Executive Officer J&K Waqf Board, Jammu shall also remain personally present on the next date of hearing alongwith the record of the case.
High Court while seeking personal appearance, observed that the issue that emerged for consideration for this Court is as to whether a Waqf property donated for a particular purpose i.e. for a Mosque in the instant case can be used and utilized for a purpose not recognized and provided under the Jammu and Kashmir Wakaf Act, 2001. High Court further observed that before proceeding to deal with the said issue, it becomes imperative to find out as to whether the amount of premium received by the respondents 2 to 4 as also the ground rent from the respondent 5 qua the aforesaid Waqf property is being used and utilized by the respondents 2 to 4 for the purposes provided under the Jammu and Kashmir Wakaf Act, 2001 being for the poor or any other purpose recognized by the Muslim law as a religious, pious or charitable purposes of a permanent character. The counsel for the respondents 2 to 4 in this regard, thus, is directed to produce the relevant record pertaining to the incomes and the expenditure qua the Waqf property in question and directed the Administrator Auqaf Islamia, R. S. Pura, Jammu and Executive Officer, J&K Waqf Board, Jammu shall also remain personally present on the next date of hearing alongwith the record of the case on October 10, 2023.