HIGH COURT OF UTTARAKHAND
COMMITTEE OF MANAGEMENT – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPMS 754 / 2025
Office Notes,
reports, orders or
proceedings or
SL. No. Date directions and COURT’S OR JUDGE’S ORDERS
Registrar’s order with Signatures
WPMS/ 754/ 2025
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
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
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