Extracted from the PDF above. The PDF is authoritative.
UKHC010141522026
2026:UHC:7426 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2432/2026
Najmul Hasan and another --Petitioners Versus Uttarakhand Waqf Board --Respondent
Hon’ble Manoj Kumar Tiwari, J. Mr. M.C. Kandpal, Senior Advocate assisted by Mr. Devesh Kandpal, Advocate for the petitioners. Mr. M.S. Tyagi, Senior Advocate assisted by Mohd. Shafy, Advocate for the respondent.
2. Petitioners were appointed as Muttwali of a Waqf and they held the office between 2017 to 2023. Thereafter an Administrator was appointed to look after the affairs of that Waqf and now Administrator is managing the affairs of the said Waqf.
3. Chief Executive Officer, Uttarakhand Waqf Board has passed an order dated 30.07.2026 pursuant to direction issued by this Court in Writ Petition No. 682 of 2026 (MS). In the said order, inter alia, it is provided that an FIR be registered regarding acts of omission and commission committed by petitioners as Mutwalli of the Waqf in question.
UKHC010141522026
2026:UHC:7426
4. Petitioner has challenged the said order mainly on the ground that Chief Executive Officer cannot direct for registration of FIR. Reliance is placed upon Section 23 of Waqf Act, 1995, for contending that only the Waqf Board is competent to pass such an order as has been passed by Chief Executive Officer.
5. This Court is not impressed by the said contention.
6. Since Chief Executive Officer found certain discrepancies in the record and reportedly, original record was not placed by petitioners before Chief Executive Officer despite repeated requests, therefore direction was issued to register an FIR.
7. Registration of FIR itself does not cause any prejudice to the petitioners. If petitioners are innocent, then their innocence can be proved during investigation or during trial, as the case may be.
8. Thus there is no scope for interference in the matter. The writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.) 18.08.2026 Mahinder