On October 10, 2011 a petition was submitted, to the Israeli High Court of Justice, by the Shmuel Hanavi non- profit Kollel and Rabbi Moshe Moyal, who runs the Kollel, against the Minister of Tourism, the Ministry of Religious Services and the chairman of the Center for the Development of Holy Sites.
The Petitioners requested that they be granted exclusive rights to operate in the Shmuel Hanavi tomb- site area and are allocated an area at the site for the provision of religious services. These requests were based on an administrative promise, which, according to the petitioners, was given by the then Religious Service Minister.
On May 2, 2013 the Supreme Court rejected the petition on the grounds that the alleged promise did not fulfill the necessary criteria for making the administrative promise legally binding. This, was mainly, due to the face the Religious Services Minister, while being the administrative authority for religious sites in Israel, does not have the authority to make such a promise with regard to the tomb- site, since the authority in Judea and Samaria, where the tomb- site is located, belongs to the Civil Administrator.
Furthermore, the court found that even if all the criteria for an administrative order had been fulfilled, this is an example of a case where it would be legally proper to withdraw the promise since the area is an archeological site (defined as a holy site) and additionally the area is privately owned by a third party.
Nonetheless, the court decided that since the current structure from where the Kollel presently operates was positioned with the knowledge of security officials, the court granted the petitioners a deferment order to enable them to remove the structure themselves.