Nazir Ahmad Khan vs Uttarakhand Wakf Board & Another

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

By means of this writ petition, petitioner has sought the following reliefs:

“1-a writ, order or direction in the nature of mandamus directing the respondents to constitute or appoint a new committee for the management of

waqf property no. 79.

2- a writ, order or direction in the nature of mandamus directing the respondent no. 2 to consider the case of the petitioner and decide the

representation dated 2-2-2021 pertaiing to election of committee of the petitioner.â€​

After arguing for a while, learned counsel for the petitioner confines his prayer and submits that petitioner be permitted to make a representation for

appointment of a new committee for managing the Waqf Property No. 79.

Mr. Ahrar Baig, learned counsel appearing for Uttarakhand Waqf Board assures the Court that if petitioner makes a representation for appointing a

new committee, the Competent Authority in the Waqf Board shall take decision in the matter, in accordance with law.

In such view of the matter, the writ petition is disposed of with liberty to the petitioner to make representation to Chief Executive Officer,

Uttarakhand Waqf Board within two weeks from today. If such representation is made within the stipulated time, Chief Executive Officer concerned

shall look into the matter and take appropriate decision, in accordance with law, within six weeks from the date of receipt of representation along with

certified copy of this order.

It goes without saying that while taking decision, the persons, who are likely to be affected by the decision, shall also be heard.