Amjadali Gaznafarali Bukhari vs Gujarat State Waqf Board
2022 Latest Caselaw 6914 Guj

    C/CRA/428/2022                           ORDER DATED: 03/08/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CIVIL REVISION APPLICATION NO. 238 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 244 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 257 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 294 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 295 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 281 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 291 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 292 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 293 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 341 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 340 of 2022
                                With
            R/CIVIL REVISION APPLICATION NO. 428 of 2022


================================================================
                SAIYED SUKAINA FATEMA MUSAMIYA RAZVI
                                       Versus
                      GUJARAT STATE WAKF TRIBUNAL
 ================================================================
Appearance :
MR MEHUL SHARAD SHAH (773) for the Applicant(s) No. 1
MR MOHAMMED MUSAIB M. SHAIKH (10565) for the Applicant(s) No. 1
for the Opponent (s) No. 1,10,11,12,13,14,2,4,5,6,7,8,9
MR DIPEN K. DAVE(3296) for the Opponent(s) No.3
================================================================




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      C/CRA/428/2022                               ORDER DATED: 03/08/2022



 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                           Date : 03/08/2022

                             ORAL ORDER

1. The present group of Civil Revision Applications

arise out of the judgment and order dated 29.03.2022

passed by the Gujarat State Wakf Tribunal, Gandhinagar

(hereinafter referred to as "the Wakf Tribunal") in Wakf

Appeal Nos.06/2020, 48/2019, 23/2018, 26/2018,

28/2018, 31/2018, 32/2018, 33/2018, 35/2018 and

25/2019 whereby, the Wakf Tribunal has decided the

issue with respect to the administration of Hazrat Pir

Shah Alam Roza Trust having Registered No. B/739,

Ahmedabad.

2. All the learned advocates appearing for the parties

agree in unison that the contentions raised by the parties

were not completely adjudicated either by the Wakf

Board or by the Wakf Tribunal and many of the

contentions have not at all been dealt with. The learned

advocates for the parties are at ad idem that the

impugned orders herein can be set aside and the matters

could be remanded back to the Wakf Board for fresh

C/CRA/428/2022 ORDER DATED: 03/08/2022

adjudication on merits, in accordance with law. It is also

agreed that the parties will be permitted to raise all the

contentions afresh and to adduce evidence in support of

their case. It is further agreed that the Wakf Board will

decide all the contentions and material produced before it

on its own merits and without being influenced by any of

the observations made in the earlier orders of the Wakf

Board, the Wakf Tribunal and the interim orders passed

by this Court in the present proceedings.

3. In view of the consensus arrived at between the

parties, the impugned orders passed by the Wakf Tribunal

and the Wakf Board are hereby quashed and set aside. It

is made clear that this Court has not gone into the merits

of these matters nor has it expressed any opinion on the

merits of the case. All the matters have been remanded

back for fresh consideration on merits in view of the

broad consensus between the parties.

3.1 All the parties herein are directed to appear before

the Wakf Board on 22nd August, 2022 and thereafter,

C/CRA/428/2022 ORDER DATED: 03/08/2022

the Wakf Board may draw up an appropriate time table to

complete the pleadings in the matters. All the parties

herein agree to cooperate in the proceedings and

undertake not to seek any unnecessary adjournments.

The Wakf Board is directed to decide the matters as

expeditiously as possible and preferably by 31st July,

2023.

3.2 In the meanwhile, it is clarified that the

Administrator, namely, Shri Nazirkhan Rasulkhan Pathan,

Retd. Joint District Judge, who has been appointed vide

order dated 18.06.2022 passed by the Wakf Board, will

continue to discharge his duties in terms of Section 38 of

the Wakf Act, 1995 and will maintain proper accounts of

the Wakf. The Administrator will render quarterly

accounts to the Wakf Board. If any party in the

proceedings pending before the Wakf Tribunal in respect

of the present Wakf is desirous to join the proceedings

before the Wakf Board, then such party shall be at liberty

to do so by moving an appropriate application before the

Wakf Board, which will be considered and decided on its

C/CRA/428/2022 ORDER DATED: 03/08/2022

own merits, in accordance with law.

3.3 With the above observations and directions, all the

Civil Revision Applications stand disposed of.

(ANIRUDDHA P. MAYEE, J.)

PRAVIN KARUNAN