2026:UHC:1963 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 0 TH MARCH, 20 2 6 W RI T PETI TON NO.6 3 7 of 2 0 2 6 ( M/ S) Haji Mohammad Irfan ..…Petitioner Versus State of Uttarakhand and Others .…Respondents Counsel for the Petitioner : Mr. Siddhartha Singh, Advocate. Counsel for the Respondent : Mr. Sudhir Kumar Nailwal, No.1 Standing Counsel Counsel for the Respondent : Mr. T.A. Khan, Senior No.2 Advocate assisted by Mr. Mohd. Shafy, Advocate. Counsel for the Respondent : Mr. Vikas Bahuguna, No.3 Advocate (through video conferencing) Hon ’ble Alok Ku m ar Ver m a,J. This writ petition has been filed under Article 227 of the Constitution of India with the following prayers : - “(i) Issue a writ, order or direction in the nature of certiorari calling for the record of the case and to quash the order dated 10.02.2026 (Annexure No. 1) and order dated 27.01.2026 (Annexure No.3) passed by respondent no. 2. (ii) Issue any other suitable writ, order or direction which this Hon'ble court may deem 1 2026:UHC:1963 fit, just and proper in the circumstances of the case as also in the interest of justice. (iii) Allow the writ petition with costs.” 2 . Heard Mr. Siddhartha Singh, learned counsel for the petitioner, Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the respondent no.1, Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Mohd. Shafy, learned counsel for the respondent no.2 and Mr. Vikas Bahuguna, learned counsel (through video conferencing) for the respondent no.3. 3 . Mr. T.A. Khan, Senior Advocate submitted that an Application should be filed before the Tribunal against the impugned orders. He further submitted that the matters other than final hearing may be entertained by a single member or two members in the absence of the third member as provided under Proviso to Clause (10) of Rule 67 of the Uttarakhand Waqf Rules, 2017. 4 . After the said submissions of Mr. T.A. Khan, Senior Advocate, Mr. Siddhartha Singh, Advocate has requested to permit the petitioner-Haji Mohammad Irfan to withdraw the present writ petition, filed under Article 227 of the Constitution of India, with a liberty to file an Application before the Tribunal. 2 2026:UHC:1963 5 . The present Writ Petition [ No.637 of 2026 (M/ S)] is dismissed as withdrawn granting liberty to the petitioner to file an Application before the Tribunal, but in accordance with law. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ ALOK KUMAR VERMA, J. Date: 20.03.2026 JKJ/ Pant 3