Uttarakhand High Court
WPSB/65/2025 of MALIK AUSAF AHMAD Vs STATE OF UTTARAKHAND on 7 July 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND HON’BLE SHRI JUSTICE SUBHASH UPADHYAY 07TH JULY, 2026 WRIT PETITION (S/B) No. 65 OF 2025 1: Malik Ausaf Ahmad 2: Shri Kant Yadav 3: Sandeep Kumar Tiwari --Petitioners Versus 1: State Of
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA
AND
HON’BLE SHRI JUSTICE SUBHASH UPADHYAY
07TH JULY, 2026
WRIT PETITION (S/B) No. 65 OF 2025
1: Malik Ausaf Ahmad
2: Shri Kant Yadav
3: Sandeep Kumar Tiwari
--Petitioners
Versus
1: State Of Uttarakhand
2: Secretary Finance, Government of Uttarakhand 3: Inspector General of Registration, Government of Uttarakhand
--Respondents
Counsel for the petitioners.
: Mr. Salman Khurshid, learned Senior
Counsel assisted by Ms. Naghma Imtiaz,
Ms. Saumya Chaturvedi, Ms. Sonika
Choudhary, Mr. Saif Naeem, Mr. Imran
Ali Khan and Mr. Harsh Vardhan Dhanik,
learned counsel.
Counsel for the respondents.
: Mr.
J.P.
Joshi,
learned
Additional
Advocate General assisted by Mr. B.S.
Parihar, learned Additional Chief Standing Counsel for the State of Uttarakhand.
ORDER : (per Shri Manoj Kumar Gupta, C.J.)
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1. The present petition, under Article 226 of the Constitution of India, is for the following reliefs :- “1. Issue a writ of certiorari or a writ, order or direction in the nature of certiorari quashing the impugned Uttarakhand Sub Registrar Service (Amendment) Rules 2015 dated 31 July 2015 which is ultra vires to Section 6 of the Registration Act 1908 which classified the post of Sub Registrar into the categories of Sub Registrar Grade II and Sub-Registrar Grade I, arbitrarily and without any reasonable cause ; Or
2. Issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the respondents not to apply the impugned Amendment Act of 2015 with a retrospective effect ; and
3. Issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the respondents to pay the revised pay scales of Rs 15600-39100 PAY GRADE RS 5400/- to the Petitioners at par with Sub Registrars who are unreasonably designated as Grade I and to pay arrears of wages together with such interest as may have accrued thereon, from the date of the joining of services of the Petitioner i.e. 05.03.2018 ;or”
2. Mr. Salman Khurshid, learned Senior Counsel appearing for the petitioners, at the outset, states that, during pendency of the writ petition, the petitioners have been promoted from the post of Sub-Registrar Grade 2 to Sub- Registrar Grade I and, therefore, according to him, the challenge to the Rules and the consequential reliefs does not survive for consideration. He, however, submits that there are other grievances, which have not been addressed, and liberty be reserved in favour of the petitioners to approach the Department for redressal of the said grievances.
3. Mr. J.P. Joshi, learned Additional Advocate General appearing for the State has no objection in case such a liberty is given to the petitioners.
4. Accordingly, the writ petition is disposed of as having become infructuous, however, with liberty to the petitioners to approach the Department in case any grievance, other than those covered by the instant petition, survives for consideration.
5. All pending applications stand disposed of accordingly.
______________________ MANOJ KUMAR GUPTA, C.J.
___________________ SUBHASH UPADHYAY, J.
Dt: 07th July, 2026 Rahul
RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61b f4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCA D15C390A1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2026.07.07 17:41:11 +05'30'