Uttarakhand High Court
WPMB/253/2023 on 11 October, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL
WRIT PETITION (M/B) NO. 253 OF 2023
11TH OCTOBER, 2023
Soban Siddiqui ...... Petitioner
Verses
Uttarakhand Waqf Board
and another ...... Respondents
Counsel for the petitioner : Mr. C.K. Sharma and Mr. Nitin
Tewari, learned counsels
Counsel for the respondents : Mr. T.A. Khan, learned Senior
Counsel assisted by Ms. Sadaf,
learned counsel for the respondent
No. 1
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)
Issue notice.
2) Counsel appears and accepts notice on behalf
of respondent No. 1.
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3) In the light of the order that we propose to
pass, we do not consider it necessary to issue notice to
respondent No. 2.
4) The petitioner has preferred the present writ
petition to seek the following reliefs :
"i) Issue a writ of certiorari quashing the
impugned order dated 11.01.2022, passed by
the Chief Executive Officer and the order dated
30.04.2022 passed by learned Waqf Tribunal
(contained as Annexure Nos. 1 and 2 to this
writ petition).
ii) Issue a writ, order or direction in the nature of
mandamus commanding and directing the
respondent No. 1 to immediately de-seal the
property and allow the petitioner to use the
same and not to take any coercive action
against the petitioner, pursuant to the
impugned orders.
iii) Issue a writ, order or direction in the nature of
mandamus commanding and directing the
learned Waqf Tribunal to decide the Misc.
Application No. 31/2022 filed in Waqf Petition
No. 6 of 2022 in "Soban Siddiqui Vs
Uttarakhand Waqf Board and another", and
the Waqf Reference No. 33 of 2022 in "Soban
Siddiqui Vs Chairman Uttarakhand Waqf
Board" (referred to as Annexure Nos. 3 and 4
to the writ petition) with the prescribed period
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which this Hon'ble Court may deem fit and
proper in the present circumstances of the
case.
iv) Issue any other or further writ, order or
direction of the nature, which this Hon'ble
Court may deem fit and proper in the
circumstances of the case.
v) To award the cost of the petition in favour of
the petitioner."
5) Mr. Sharma, learned counsel for the petitioner,
states that the petitioner's application to seek recall of
the order passed by the Waqf Tribunal on 30.04.2022, is
pending consideration, and has not been taken up by the
Tribunal for hearing. Mr. Sharma states that the
petitioner would be satisfied if his said application is
directed to be taken up by the Tribunal for hearing
expeditiously without prejudice to the other rights and
contentions of the petitioner.
6) We, accordingly, dispose of this petition with a
direction to the Waqf Tribunal to hear the pending
application moved by the petitioner within the next three
months from the date of service of copy of this order,
after notice to all the concerned parties.
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7) We make it clear that we have not gone into
the merits of the claim of either party, and this order
would not be construed as an expression of our opinion
on the merits of the case.
8) The petition stands disposed of in the
aforesaid terms.
9) Interim Relief Application (IA No. 01 of 2023)
also stands disposed of.
________________
VIPIN SANGHI, C.J.
_________________
RAKESH THAPLIYAL, J.
Dt: 11TH OCTOBER, 2023
Negi
