Uttarakhand High Court
AO/189/2026 of MUBARAK HUSAIN Vs UTTARAKHAND WAQF BOARD on 19 June 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS S1- 06 AO No.189 of 2026 Mubarak Husain ........Appellant v. Uttarakhand Waqf Board and Others ......Respondents Hon’ble Ravindra Maithani, J. Mr.
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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS S1- 06
AO No.189 of 2026
Mubarak Husain
........Appellant
v. Uttarakhand Waqf Board and Others
......Respondents
Hon’ble Ravindra Maithani, J.
Mr. Rahul Adhikari, Advocate for the appellant, through video conferencing. Mr. V.D. Bisen, Additional C.S.C. for the State. Mr. Mohd. Shafy, Advocate for the Waqf Board. The challenge in this appeal is made to the Office Memorandum dated 10.02.2026, issued by the Uttarakhand Waqf Board, by which an 11 Members Management Committee has been constituted. Heard learned counsel for the parties and perused the record. At the very outset, learned counsel for the Waqf Board submits that the impugned resolution may be challenged before the Waqf Tribunal under Section 83(2) of the Waqf Act, 1995 (“the Act”), and it has already been challenged by the appellant. Learned counsel for the appellant admits the legal position that the impugned resolution could be challenged before the Waqf Tribunal under Section 83(2) of the Act, but he submits that, in fact, the appellant has already challenged the impugned resolution before the Waqf Tribunal in Waqf Appeal No.1 of 2026, but according to him, on 09.06.2026, when the Waqf Appeal was taken up, one of the members of the Waqf Tribunal had noted that since other members are not present, neither interim application could be heard nor on admission the matter could be heard. Therefore, it is argued that this Court may hear the matter.
Rejoining the arguments, learned counsel for the Waqf Board submits that the Uttarakhand Waqf Rules, 2017 (“the Rules”), provides that even interim matters may be heard by a single member or two members in the absence of the third member. He would refer to Rule 67(10) of the Rules. He submits that only final hearing is to be done by the full bench. The appellant has already challenged the impugned resolution before the Waqf Tribunal which is working. Merely because all the three members were not present on 09.06.2026, in view of Rule 67 of the Rules, the other members could have proceeded to hear the matter at interim stage. Though, as per the Rules, they cannot finally hear the matter. Therefore, this Court may not entertain this appeal, and it stands disposed of, accordingly. However, this Court directs the Waqf Tribunal, Kumaon Mandal, Haldwani, to hear the Waqf Appeal No.1 of 2026, filed by the appellant at admission or interim stage, expeditiously.
(Ravindra Maithani J.)
19.06.2026 RV