Authority: High Court of Jammu & Kashmir and Ladakh at Jammu

Order Date: 31 July 2026

Case Overview

  • Parties: petitioner – Sain Miran Baba Darvesh Ghulam Qadir Trust (Managing Trustee Qazi Mohammad Sayeed Beig, later Managing Secretary Altaf Hussain Shah); respondents – State of J&K (Commissioner/Secretary, Haj & Auqaf), J&K State Wakaf Council, CEO of J&K State Wakaf Council, Administrator Wakaf (Poonch).
  • Nature of proceedings: Two writ petitions – OWP No.1151/2011 (filed 2011) and OWP No.500/2019 (filed 2019) – seeking declaration that the Ziarat of Sain Baba Miran Baksh is not a Wakaf property and that the private trust has exclusive management rights.
  • Background: The shrine (Ziarat) located at Village Kopra Guntrian, Poonch, was historically managed by Darvesh Ghulam Qadir (disciple of Sain Baba Miran Baksh). After his death (1999) the Sain Miran Baba Trust was formed on 08‑03‑2000. A proclamation dated 02‑12‑2000 by the then Chairman of the Tehsil Wakaf Committee (MLA Ghulam Mohammad Jan) declared the shrine not a Wakaf property. The State Wakaf Council later declared it a Wakaf and directed the Administrator to take charge (communication 23‑06‑2010). The Government issued SRO 77 on 25‑01‑2019 declaring the property a Wakaf under the Jammu and Kashmir Wakaf Act, 2001.
  • Petitioner’s contentions: (i) The shrine is a private charitable trust, not a Wakaf; (ii) the 2000 proclamation is final under Section 56 of the Wakaf Act; (iii) no Special Officer inquiry was conducted, making SRO 77 illegal; (iv) the trust’s deed, executed per Darvesh Ghulam Qadir’s wishes, gives it exclusive management rights.
  • Respondents’ contentions: (i) The shrine is a "Wakaf by user" because of long‑standing public devotion and donations amounting to several crores; (ii) the 2000 proclamation was beyond the Chairman’s jurisdiction; (iii) the Tehsil Wakaf Committee (23‑02‑2010) and SRO 77 are valid exercises of statutory power; (iv) the trust was created after the shrine acquired Wakaf status and therefore has no legal right to manage it.
  • Legal provisions examined: Sections 3, 4, 6, 34, 35, 38, 39, 56, 23, 26 of the Jammu and Kashmir Wakaf Act, 2001; definitions of "Wakaf", "Wakaf by user", and "Wakaf‑ul‑Aulad"; case law – Intizamiya Committee Dargah v. UT of J&K (2025), AIR 2017 SC 2653, AIR 2023 SC 2769.
  • Court’s analysis:
  • The shrine unquestionably qualifies as a "Wakaf by user" under Section 3(l) due to continuous public use.
  • The 2000 proclamation was issued by the Chairman alone, lacking authority under Section 38 (which vests determination power in the Tehsil Wakaf Committee) and therefore has no legal effect.
  • Section 23’s exemption applies only where a valid Wakaf deed exists; no such deed was ever executed by the original saints.
  • No Special Officer inquiry was required for a property already recognized as a "Wakaf by user"; thus SRO 77 is valid.
  • The trust, formed post‑demise of the spiritual successor, cannot claim superior management rights over a statutory Wakaf.

Final Outcome

  • Both writ petitions (OWP 1151/2011 and OWP 500/2019) are dismissed as devoid of merit.
  • The Ziarat of Sain Baba Miran Baksh remains a Wakaf property managed by the Jammu & Kashmir Wakaf Board and related authorities.
  • Interim status‑quo directions are vacated; the respondents may continue administration in accordance with the Wakaf Act.

Topics: Wakaf, Religious Endowment, Trust Dispute