2025:UHC:1741 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UWPMS/773/2025 UHon’ble Manoj Kumar Tiwari, J. Mr. Rajveer Singh, Advocate for the petitioners. Mr. Devendra Singh Bora and Mr. J.S. Bisht, Standing Counsel for the State of Uttarakhand. Mr. T.A. Khan, Senior Advocate assisted by Mohd. Shaify, Advocate for respondent/Waqf Board. 2. According to petitioners, they filed an Appeal before the Waqf Tribunal, Dehradun, under Section 83 of Waqf Act, 1995 along with a Stay Application; however, their prayer for stay is not being considered as the quorum of the Waqf Tribunal is not complete. Thus, feeling aggrieved, petitioners have approached this Court for appropriate relief. 3. Mr. T.A. Khan, learned Senior Counsel appearing for Waqf Board, has drawn attention of this Court to Rule 67(10) of Uttarakhand Waqf Rules, 2017, which were notified on 28.11.2017. Rule 67(10) reads as under:- “67(10) Final hearing of any matter shall take place before the full bench: Provided that matters other than final 2025:UHC:1741 hearing may be entertained by a single member or two members in the absence of the third member. 4. Based on said provision, Mr. T.A. Khan, learned Senior Counsel submits that the contention raised by petitioners that the stay application is not being considered for want of quorum of Waqf Tribunal, is not correct. He points out that Waqf Tribunal consists out of a Chairman and two members and at present, one member and a Chairman is available, therefore, the Waqf Tribunal can very well consider the stay application, filed by petitioners along with their appeal. 5. Learned State Counsel points out that the order sheet of 26.10.2024 indicates that a Chairman and a Member were available as the said order has been signed by both of them. 6. As per Rule 67(10) of Rules, 2017, Full Bench is needed only for final hearing of any matter and interim order can be passed by a single member or two members in the absence of third member. Thus, Writ Petition is disposed of by directing Waqf Tribunal to consider and decide petitioners’ stay application within four weeks from today. 7. Till disposal of stay application, or for a 2025:UHC:1741 period of four weeks, whichever is earlier, status quo, qua the property in question, shall be maintained. 8. It goes without saying that Waqf Tribunal shall consider and decide the stay application, filed by petitioners independently on merits without being influenced by this order or any observation made by this Court. (Manoj Kumar Tiwari, J.) 12.03.2025 Mahinder/