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2026 DAILYLAW 4180 (UTT)

COMMITTEE OF MANAGEMENT v. STATE OF UTTARAKHAND

WPMS/754/2025 · 2026-01-06

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:251 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS W PMS/ 7 5 4 / 2 0 2 5 Hon’ble Manoj Kumar Tiwari, J. Ms. Mamta Bisht, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State. Mr. T.A. Khan, Senior Advocate assisted by Mr. Mohd. Shafy, Advocate for the respondents/Waqf Board. 2. Petitioner has challenged order passed by Uttarakhand Waqf Board on 21.02.2025. By the said order, a Committee of Management for managing affairs of Waqf No. 130 was constituted by the Uttarakhand Waqf Board. 3. Petitioner has challenged the said order on the ground that earlier committee of management which was in place was not given opportunity of hearing. 4. Mr. T.A. Khan, learned Senior Counsel appearing for Uttarakhand Waqf Board; however, submits that term of the petitioner had expired long back in 2020 and thereafter, vide order dated 06.02.2023, petitioner was allowed to manage the affairs of the waqf only till constitution of another committee. 5. He submits that since new committee has been constituted by Uttarakhand Waqf Board by order dated 21.02.2025, therefore the term of the 2026:UHC:251 petitioner automatically came to an end and no further hearing was needed, while constituting fresh committee of management. 6. Mr. T.A. Khan, Senior Advocate further submits that interim relief application filed by the petitioner before Waqf Tribunal was not being heard, therefore petitioner approached this Court and coordinate Bench of this Court vide order dated 03.04.2025 passed in this writ petition has rejected the prayer for interim relief made by petitioner. 7. He further submits that since the Waqf Petition filed by petitioner is pending before the Tribunal, therefore petitioner should be relegated to the Waqf Tribunal which will decide all the issues raised by petitioner. 8. Learned counsel for the petitioner submitted that the Qorum of the Waqf Tribunal is not complete, therefore the Waqf Tribunal is adjourning the matter and no hearing is taking place. 9. Mr. T.A. Khan, learned Senior Counsel for the Waqf Board has drawn attention of this Court to Rule 67 (10) Uttarakhand Waqf Rules, 2017, notified on 28.11.2017, which reads as under: “67. Other procedure to be followed by Tribunal – (10). Final hearing of any matter shall take place before the full bench: Provided that matters other than final hearing may be 2026:UHC:251 entertained by a single member or two members in the absence of the third member.” 10. By relying on the aforesaid provision, Mr. Khan submits that the matter is not ripe for final hearing before the Waqf Tribunal, therefore in view of Rule 67(10) of Uttarakhand Waqf Rules, 2017, the Waqf Petition filed by petitioner can be heard by a single member or two members in the absence of the third member. 11. Mr. Rajendra Kumar, Director, Minority Affairs is connected virtually. He makes a statement that on 21.09.2024 applications were invited for appointment as Member of Waqf Tribunal; he, however, points out that selection process could not be concluded for one reason or another. He submits that the meeting of Selection Committee, headed by Principal Secretary, Law is likely to be convened on 19.01.2026 and hopefully, the members would be appointed by 15.02.2026. 12. The writ petition is, accordingly, disposed of with a direction to Waqf Tribunal to hear the matter as per provisions contained in Section 67(10) of Uttarakhand Waqf Rules, 2017. (Manoj Kumar Tiwari, J.) 06.01.2026 Mahinder/ 2026:UHC:251