Zaytoon Begum vs Ut Of J&K And Ors
2021 Latest Caselaw 1695 j&K

                                           Sr. No. 07
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                        WP(C) No. 2593/2021
                                                          CM No. 8936/2021

Zaytoon Begum                                       .... Petitioner/Appellant(s)

                         Through:-    Mr. Z.A. Mughal, Advocate.

                   V/s

UT of J&K and ors.                                              .....Respondent(s)

              Through:-
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                  ORDER

The petitioner seeks a direction to the respondents to take effective

steps to protect the right, entitlement, possession and occupation of the

petitioner over Plot No. 21 measuring 05 Marlas under Khasra No. 2420,

situated at Mohalla Dungus Ward No. 3, Poonch. It is submitted that the

property is a wakaf and, therefore, Civil Court has no jurisdiction to

entertain the same. Since the Tribunal has not set up, therefore, this

petition lies before the High Court for the aforesaid relief.

Reliance is placed on the judgment of Hon'ble Supreme Court in

2021 0 Supreme (SC) 649; Rashid Wali Beg vs. Farid Pindari & ors.

Notice, returnable within four weeks. Requisites for the same

within one week.

List on 30.03.2022.

Meanwhile, subject to objections and till next date before the

Bench, respondent No. 1 shall ensure that no one encroaches on the land

measuring 5 Marlas under Khasra No. 2420, situated at Mohalla Dungus

Ward No. 3, Poonch.

(Sindhu Sharma) Judge JAMMU 16.12.2021 MICHAL