Arun Chaudhary vs State Of H.P And Others

Tarlok Singh Chauhan, J

The instant petition has been filed for grant of the following substantive reliefs:-

"I. That it is humbly prayed that Writ of Mandamus directing the Respondents No.1 and 2 to appoint the Chairman of Waqf Tribunal at Dharamshala in terms of Rule 70 of Waqf Rules 2017, may kindly be issued.

II That in the alternative the execution petition filed by the petitioner titled as Sh. Om Parkash Chaudhary (Since Deceased) through LR's Versus Himachal Waqf Board and others having registration No. 55/2015 either may very kindly be ordered to be transferred to original Execution Court i.e. Ld. District Judge, Kangra at Dharamshala or any other Judge in the rank of District Judge may kindly be conferred with additional charge of Chairman Waqf Tribunal and further it is humbly prayed that the directions may kindly be issued for deciding the same in time bound manner as the matter has considerably been delayed."

Learned counsel for the petitioner fairly submits that now on account of posting of the Chairman of the Waqf Tribunal at Dharamshala, the instant petition has been rendered infructuous. However, he further submits that since the Execution Petition No. 55/2015 is pending adjudication for the last six years, the learned Waqf Tribunal be directed to decide the Execution Petition expeditiously.

We find merit in this contention of the learned counsel for the petitioner.

Therefore, we direct the Chairman, Waqf Tribunal at Dharamshala, to dispose of the Execution Petition No. 55/2015 as expeditiously as possible and in no event later than 31.03.2022.

The petition stands disposed of as having been rendered infructuous, so also the pending application, if any.

For compliance, to come up on 06.04.2022.