The Gujarat High Court allowed the application seeking the quashing of the order through which the Petitioner was directed to deposit the cost of Rs.20,000/- so that notice can be issued to the concerned respondents in the application.
A single judge bench of this Court comprising Hon’ble Justice Biren Vaishnav held that the Gujarat State Waqf Tribunal (Procedure) Rules, 1998 (“the waqf rules”) provides for no procedure through which the Tribunal can insist on depositing the cost for issuing a notice to the Respondent.
Brief Facts:
By this application, the Petitioner had challenged the order passed by the Tribunal, by which, a conditional order has been passed to the effect that the Tribunal shall issue notice only if the Petitioner deposits a cost of Rs.20,000/- each for all the respondents.
The background facts of the case were that the Petitioner’s forefathers had donated the land to respondent No.2 for constructing ‘Musafir Khana’ to give accommodation to the pilgrims. It is the case of the Petitioner that respondent No.1 constructed a guest house and used the same for commercial purposes. An application was therefore made to the Tribunal to stop the illegal construction and use of the guest house. By the impugned order, the Tribunal held that the Petitioner is neither beneficiary of the Trust, nor the person interested in the Waqf. However, it directed the Petitioner to deposit the cost of Rs.20,000/- so that notice can be issued to the concerned respondents in the application.
Observations of the Court:
This Court, after the perusal of the waqf rules, indicated that there is no procedure of the Tribunal to insist on a deposit of cost. On this ground alone, the order dated 23.02.2022 was quashed and set aside. The bench directed the Tribunal to register the application, issue notices to the parties concerned, and decide the same per law. However, it was made clear that the Court had not gone into the merits of the matter.
The decision of the Court:
The Gujarat High Court, allowing the petition, held that there is no procedure of the Tribunal to insist on a cost deposit as per the waqf rules.
Case Title: Ashokbhai Narsinh Thakor/ Padhiyar v. Gujarat State Wakf Tribunal
Coram: Hon’ble Justice Biren Vaishnav
Case no.: R/SPECIAL CIVIL APPLICATION NO. 11457 of 2022
Advocate for the Applicant: - MS MAMTA R VYAS
Advocate for the Respondents: - MR. JAY TRIVEDI
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