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2026 DAILYLAW 3061 (UTT)

MOHAMMED MOHSIN v. CHIEF EXECUTIVE OFFICER

WPMS/682/2026 · 2026-03-25

Pankaj Purohit

body2026

Judgment text

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2026:UHC:2146 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No.682 of 2026 25th March, 2026 Mohammed Mohsin ………Petitioner Versus Chief Executive Officer and others ………..Respondents ---------------------------------------------------------------------- Presence:- Mr. Shariq Khurshid, learned counsel for the petitioner. Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Mohd. Shafy, learned counsel for the respondent no.1. Mr. Suyash Pant, learned S.C. for the State/respondent nos.2 and 3. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. This writ petition has been filed by the petitioner seeking for a direction to respondent no.1-Chief Executive Officer, Uttarakhand WAFQ Board, Dehradun, to consider and decide expeditiously the representation dated 27.02.2026, annexure no.4 to the writ petition, submitted by the petitioner. 2. It is contended by learned counsel for the petitioner that respondent no.1 has some property in Khatima, adjacent to Jama Maszid. In the said property certain shops are there bearing WAFQ Nos.137 and 138. While letting out these properties (shops) on rent some irregularity had been committed by the Management Committee of the WAFQ concerned; an investigation was conducted by the Sub Divisional Magistrate, Khatima, Udham Singh Nagar, in respect of a complaint against the management of WAFQ concerned and a detailed report dated 12.06.2020 was submitted to the District Magistrate, Udham Singh Nagar. 1 2026:UHC:2146 3. Learned counsel for the petitioner attracted the attention of this Court to paragraph no.3 of the representation (annexure no.4 to the writ petition) given by the petitioner wherein conclusion of the investigation is given which is quoted as hereunder:- “mijksDr TkkWp ls Li’V gS fd oDQ l0 137@138 dh izcU/k lfefr }kjk fcuk cksMZ dh iqokZuqefr ds fu;e foghu rjhds ls oDQ lEifRr@nqdkuksa dk gLRkkUrj.k fd;k tk jgk gSA orZeku lfefr ds dk;ksZ esa ikjnf”kZrk ugha gS oDQ lEifRr ds mfpr izcU/ku esa vlQy gS ,oa uofufeZr nqdkuksa ds fu;e fo:/k vkoaVu ds nks’kh gS vkSj orZeku izcU/ku lfefr oDQ vf/kfu;e 1995 dh ?kkjk 52 ds vUrxZr “kkfLr ds ik= gS lkFk gh nqdkuksa ds vkoaVu esa QthZokMk ,oa lfnaX/k fufonk izfdz;k gsrq izcU/k lfefr ds fo:/k vijkf/kd vfHk;ksx iathd`r fd;s tkus dh laLrqrh dh xbZA” 4. The original report has also been annexed as annexure no.1 to the writ petition. 5. It is submitted by learned counsel for the petitioner that no further action has been taken by respondent no.1 on the basis of the report dated 12.06.2020 submitted by the Sub Divisional Magistrate for the last five and a half year. 6. It is feeling disgruntled from the said inaction on the part of respondent no.1 and the concerned authorities, the petitioner moved a representation dated 27.02.2026 to Chief Executive Officer, Uttarakhand WAFQ Board, Dehradun, annexure no.4 to the writ petition, which is pending disposal before the said Authority. 7. It is further submitted by learned counsel for the petitioner that the Investigating Officer/Inquiry Officer-Sub Divisional Magistrate, Khatima, Udham Singh Nagar, has recommended action against the earlier office bearers of then Management Committee of Uttarakhand WAFQ Board and even a direction to lodge criminal offence against them for committing irregularity in the allotment of the shops bearing WAFQ Nos.137 and 138 to the present occupants. 2 2026:UHC:2146 8. An innocuous prayer has been made that the aforesaid representation dated 27.02.2026, annexure no.4 to the writ petition, be decided in a time bound manner. 9. Having considered the submission of learned counsel for the petitioner and the counsel for the respondent(s) and having gone through the material available on record, this Court is of the view that it would be proper if a direction is issued to respondent no.1 to decide the representation dated 27.02.2026 (annexure no.4 to the writ petition) submitted by the petitioner within a time bound manner. 10. Accordingly writ petition stands allowed. The respondent no.1-Chief Executive Officer, Uttarakhand WAFQ Board, Dehradun, is directed to decide the representation of the petitioner dated 27.02.2026 filed by the petitioner, annexure no.4 to the writ petition, within a period of three months from today. (Pankaj Purohit, J.) 25.03.2026 SK 3