Gujarat High Court
Chief Officer H R Department vs State Of Gujarat on 14 November, 2025
NEUTRAL CITATION
C/CRA/230/2022 ORDER DATED: 14/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 230 of 2022
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CHIEF OFFICER H R DEPARTMENT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MOSON LE EXPARTS(11071) for the Applicant(s) No. 1
MR ARSHAD SHAIKH(11761) for the Opponent(s) No. 2
MR MANISH S SHAH(5859) for the Opponent(s) No. 1
MR PV PATADIYA(5924) for the Opponent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 14/11/2025
ORAL ORDER
[1] RULE returnable forthwith. Mr. Manish Shah, learned advocate waives service of notice of rule for and on behalf of respondent No.1. Learned advocate Mr. P.V. Patadiya, waives service of notice of rule for and on behalf of respondent No.2.
[2] Heard learned advocate for the applicant. According to his submission, the order impugned passed by the Gujarat State Waqf Tribunal is coram non judice, as it is heard and determined by two members including chairman of the Tribunal, which is illegal as determined by this Court in Civil Revision Application Nos.474 to 476 of 2021.
[3] Mr. Manish Shah, learned advocate for respondent No.1 as also learned advocate Mr. P.V. Patadiya, for respondent No.2, submitted that the impugned judgment and order is passed by two members consisting of chairman as also one other Page 1 of 2 Uploaded by MANISH MISHRA(HC01776) on Mon Nov 17 2025 Downloaded on : Mon Nov 17 23:23:57 IST 2025 NEUTRAL CITATION C/CRA/230/2022 ORDER DATED: 14/11/2025 undefined member and therefore, it is coram non judice and it falls in the category of decision which is set aside by this Court, as aforesaid, and therefore, matter is required to be remanded back to the tribunal as now duly constituted Tribunal under 'the Act' is available for a decision afresh and they have no objection if the present application is allowed and the matter is remanded back to the tribunal for a decision afresh in accordance with law.
[4] Hence, the impugned judgment and order is hereby quashed and set aside in view of the decision rendered by this Court in Civil Revision Application Nos.474 to 476 of 2021 and matter is remanded back to the Tribunal for afresh decision. Accordingly, present application is allowed to the aforesaid extent. Rule made absolute.
[5] It is needless to say that on remand of this case, decision of the duly constituted tribunal shall be in accordance with law and without being prejudiced by the earlier decision rendered by it or the present order, and it shall determine the same in accordance with law after providing reasonable opportunity of hearing to all the parties concerned. All contentions of both the parties are kept open.
(J. C. DOSHI,J) MANISH MISHRA Page 2 of 2 Uploaded by MANISH MISHRA(HC01776) on Mon Nov 17 2025 Downloaded on : Mon Nov 17 23:23:57 IST 2025