If There's No Waqf Tribunal, Civil Courts Can Hear Waqf Disputes : J&K High Court

The Jammu & Kashmir High Court has held that in the absence of a Waqf Tribunal constituted under Section 83 of the Waqf Act, the bar on civil court jurisdiction under Section 85 of the Act does not apply. The court said that litigants cannot be left remediless where no forum exists for adjudicating waqf-related disputes.A bench of Justice Sanjay Dhar dismissed the revision petition challenging the maintainability of a civil suit regarding waqf property.It emphasized that “the constitution of a Tribunal in terms of Section 83 of the Waqf Act is a pre-condition for invoking the provisions contained in Section 85 of the Waqf Act. If no Tribunal has been constituted, there would be no forum to determine a dispute or question relating to waqf property.”The petitioners had sought rejection of the civil suit under Order 7 Rule 11 CPC, relying on earlier judgments like Inhabitants of Nowpora v. CEO, Auqaf and Traders Association Ziyarat Baba Reshi v. UT of J&K. However, the Court clarified that these judgments were rendered in contexts where either the 2004 Wakf Act was in force or issues of writ maintainability, not civil jurisdiction, were involved.The Court found no illegality or material irregularity in the trial court's decision to entertain the suit, holdingThe court held that “the trial court, while holding the suit against the petitioners maintainable and while declining their application under Order 7 Rule 11 of CPC, has not committed any illegality that would warrant interference.”Finally, the High Court provided that if a Waqf Tribunal is constituted during the pendency of the suit, the matter shall stand transferred to such Tribunal in accordance with law.The revision petition was accordingly dismissed, and any interim directions vacated.APPEARANCE: Ruaani Ahmad Baba, Advocate for PetitionersNone FOR Respondent.Case-Title: J&K BOARD FOR MUSLIM SPCIFIED WAKFS & SPECIFIED WAKF PROPERTY vs SOURA SHOPKEEPERS WELFARE ASSOCIATIONCitation: 2025 LiveLaw (JKL) 275Click Here To Read/Download Order

If There's No Waqf Tribunal, Civil Courts Can Hear Waqf Disputes : J&K High Court

Aleem Syeed

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