The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar ruled that a Ziyarat (shrine), dargah, or any similar religious property qualifies as a legitimate “wakaf by user” under Section 3(d)(i) of the Jammu & Kashmir Wakafs Act, 1978—even without a formal declaration or gazette notification. This judgment upholds the takeover of the “Ziyarat Sharif Syed Khazir Sahib” shrine in Ganderbal by the J&K Wakaf Board. The Court clarified that when a property is demonstrably used for religious or charitable purposes, it is automatically considered a wakaf, and merely publishing its status in the Gazette does not create or extinguish that status. Thus, formal gazette notification under Section 6 is directory, not mandatory. While dismissing claims that private ownership exempts such sites from board control, the Court noted claimants can still seek remedies through appropriate legal forums.

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