Orissa High Court
WP(C)/24698/2026 of MD. IBRAHIM KHAN Vs CHIEF EXECUTIVE OFFICER, ODISHA BOARD OF WAKF, CUTTACK on 7 August 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24698 of 2026 CNR No.ODHC010588542026 Md. Ibrahim Khan and others …. Petitioners Represented by Adv.- Mr. Lalatendu Samantaray, Senior Advocate assisted by Mr. Dayanidhi Mishra, Advocate -versus- Chief Executive Officer, Odisha Board of
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24698 of 2026
CNR No.ODHC010588542026
Md. Ibrahim Khan and others
….
Petitioners
Represented by Adv.-
Mr. Lalatendu Samantaray, Senior Advocate assisted by Mr. Dayanidhi Mishra, Advocate
-versus-
Chief Executive Officer, Odisha
Board of Wakf, Cuttack and
others
….
Opposite Parties
Mr. Debaraj Mohanty, Addl. Government Advocate
CORAM:
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
07.08.2026 (Hybrid Mode)
01.
1. The memo of authorization filed by Sri Lalatendu Samantaray, Senior Advocate in Court today to argue on behalf of the petitioners is taken on record.
2. This Court vide order dated 08.07.2026 in the writ petition, being W.P.(C) No.11470 of 2026, filed by Mr. Sayed Anees Ahmed, observed as follows:
“3. Mr. Baral, learned counsel for the Petitioner submits that since there is no Managing Committee there are lot of mismanagement in the of the religious institution for which the Petitioner and other members have filed a grievance petition before the Chief Executive Officer, Odisha Board of Waqf, Cuttack on 5th February, 2026 (Annexure-4) by sending the same through speed post on 6th February, 2026. The said application is still pending for consideration and no steps are being taken for reconstitution and approval of the new Managing Committee of the religious institution.
4. Mr. Fayaz, learned counsel for the Odisha Board of Waqf on instruction submits that the Chief Executive Officer is not competent to entertain the grievances of the Petitioner. It is the Administrator appointed by the Government of Odisha is competent to adjudicate upon the grievances of the Petitioner. He, however, submits that a direction may be made to the Odisha Board of Waqf to handover the grievance petition of the Petitioner to the Administrator, Odisha Board of Waqf, Cuttack for redressal of grievances of the Petitioner.
5. Taking note of the submissions made by learned counsel for the parties, this Court, without expressing any opinion on the merits of the case of the Petitioner, disposes of the writ petition with a direction to the Chief Executive Officer, Odisha Board of Waqf to make over the grievance petition of the Petitioner as at Annexure-4 to the Administrator of the Odisha Board of Waqf, Cuttack for redressal of grievances of the Petitioner. For convenance, the Petitioner shall also file a copy of the grievance petition before the Administrator, Odisha Board of Waqf for early redressal of his grievances. On receipt of such grievance petition, the Administrator, Odisha Board of Waqf shall do well to consider and dispose of the same as expeditiously as possible, preferably within a period of three months from the date of receipt of the grievance petition and result thereof shall be communicated to the Petitioner.”
3. It is submitted by Sri Lalatendu Samantaray, learned Senior Advocate that pursuant to the above order, as sequel to such observation of this Court, the State Waqf Tribunal, Odisha has rendered a Judgment dated 20.07.2026 pursuant to which, notice was issued by the Chief Executive Officer, Odisha, Board of Waqf, Cuttack by convening a meeting for constitution of a Managing Committee.
4. After perusal of the aforementioned order dated 08.07.2026 of this Court, it is perceived that the petitioner who is the Secretary of the Managing Committee has never been issued with notice or was impleaded as a party before this Court in the writ petition or before the Waqf Tribunal. It is urged by Sri Lalatendu Samantaray, learned Senior Advocate that there has been flagrant violation of principles of natural justice and deliberate attempt to avoid presence of the petitioner by the opposite party is tell-tale.
5. Since the Judgment of the Waqf Tribunal came to be rendered in connection with the direction/order of a co- ordinate Bench of this Court, after arguing for some time, Sri Lalatendu Samantaray, learned Senior Advocate sought permission to withdraw this writ petition with liberty to approach the appropriate Court with proper application. The memo to that effect filed in Court today is taken on record.
6. Leave is granted.
7. Accordingly, the writ petition along with pending Interlocutory Application (s), if any, stands disposed of as withdrawn with liberty as sought for.
(Manash Ranjan Pathak)
Judge
(Murahari Sri Raman)
Judge
Bichi
Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Aug-2026 13:23:04 Signature Not Verified