HAJI SHAMSHAD HUSSAIN v. SUB DIVISIONAL MAGISTRATE KASHIPUR
WPMS/1289/2026 · 2026-05-13
Pankaj Purohit
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5651 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5651 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3638 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No.1289 of 2026 Hon'ble Pankaj Purohit, J.
Mr. Shariq Khurshid, learned Counsel for petitioner.
2. Mr. N.S. Pundir, learned Dy.A.G. for the State/respondent nos.1 and 2.
3. Mr. Mohd. Shafy, learned Counsel for respondent no.3.
4. This writ petition has been filed by petitioner seeking a writ of mandamus commanding respondent no.1 to expeditiously decide the representation dated 12.03.2026 (Annexure No.6) moved by the petitioner.
5.
Facts of the case, as culled out from the writ petition, are that the private respondent nos.4 and 5 have allegedly encroached upon the land of Kabristan which is a Waqf Property No.330 situated at Khasra No.76/18 at Village Kachnal Gusain, Tehsil Kashipur, Distt. U.S. Nagar. Petitioner being a Mutawali of Waqf Property moved an application to the respondent no.3 –Chief Execution Officer, Uttarakhand Waqf Board for removal of encroachment(s) made by the private respondents. The said application was allowed by respondent no.3 on 26.07.2018 and 05.06.2018 (Annexure No.2 to the writ petition) whereby private respondents were directed to remove their illegal possession from the aforesaid Waqf property within 15 days and to handover possession to the Waqf Board.
6. When the private respondents failed to handover vacant possession to the Managing Committee of Waqf Board, it appears that the respondent no.3 moved an
2026:UHC:3638
application under Section 54(3) of the Waqf Act to the Waqf Tribunal for passing eviction order against respondent nos.4 and 5; the Waqf Tribunal, Haldwani has passed the order on 07.09.2019 for passing the orders of eviction of respondent nos.4 and 5. Now, the petitioner wants compliance of order passed by the Waqf Board as well as Waqf Tribunal.
7. An application/representation has been moved by petitioner before respondent no.1-SDM, Kashipur for execution of orders passed by the Waqf Tribunal as well as Chief Execution Officer of Waqf Board, Dehradun. The said representation/ application is moved by petitioner on 12.03.2026 which is still pending disposal.
8.
Learned Counsel for petitioner prays for a direction to respondent no.1 to decide the application of petitioner dated 12.03.2026 expeditiously in accordance with law and to do the needful within a stipulated period.
9. There is no opposition by respondents to the prayer made by petitioner, as stated above.
10. The writ petition is, accordingly disposed of. Respondent No.1 is
directed to decide the application/representation of petitioner moved on 12.03.2026 within two months from the date of production of a certified copy of this order. Needless to say that the decision should be strictly in accordance with law.
(Pankaj Purohit, J.)
13.05.2026 R.Dang