Gujarat High Court
Virenbhai Ashwinbhai Shah vs Badariya Masjid Trust Patan ... on 8 July, 2022
Bench: Aniruddha P. Mayee
C/CRA/597/2021 ORDER DATED: 08/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 597 of 2021
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VIRENBHAI ASHWINBHAI SHAH
Versus
BADARIYA MASJID TRUST PATAN THROUGH ADMINISTRATOR
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Appearance:
MR DIPEN K DAVE(3296) for the Applicant(s) No. 1
MR MANISH S SHAH(5859) for the Opponent(s) No. 3
NOTICE SERVED for the Opponent(s) No. 2
SAQUIB S ANSARI(7152) for the Opponent(s) No. 1,1.1,1.2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 08/07/2022
ORAL ORDER
1. The present application raises an issue with respect to
the authority and jurisdiction of the Gujarat State Waqf Tribunal
determining the proceedings and respective cases by a coram of
less-than three members as per provisions of Section 83 Sub-
section 4 of the Gujarat Waqf Act (hereinafter referred to as the
'Act').
2. Rule, returnable forthwith. Learned advocate
Mr. Manish Shah waives service of notice of rule on behalf of the
respondent No.3 and learned advocate Mr.Saquib Ansari waives
service of notice of rule on behalf of respondent Nos.1,1.1 and 1.2.
3. It is submitted on behalf of the applicant that the
impugned order is passed by only one member of the Tribunal and
therefore, the same is in the teeth of the provision of Section 83
Sub-section 4 of the Act. Therefore, it is required to be interfered
with under the revisional jurisdiction of this Court.
C/CRA/597/2021 ORDER DATED: 08/07/2022
3.1 It is further submitted that Section 83(4) of the Act
provides that every Tribunal shall consists of the Chairman and two
members and the Tribunal shall deem to be duly constituted by all
the three members.
3.2 It is further submitted that unless and until the case is
determined by a duly constituted Tribunal i.e. by all the three
members. Its decision would be "Coram non-judis" and can be
termed as an order without jurisdiction.
3.3 It is therefore submitted that the judgment and the
impugned order in the present Civil Revision Application is non-est
and passed by the Tribunal not duly constituted under the Act for
the determination of the issues before it.
3.4 Therefore, it is submitted that the impugned order is
required to be quashed and set aside and the matter is required to
be remanded back to the learned Tribunal for decision afresh by
duly constituted Tribunal in terms of Section 83(4) of the Act.
4. Learned advocates appearing on behalf of the
respondents have not disputed the said contentions and submitted
that at the relevant point of time, the Tribunal was not duly
constituted as there were only two members. But thereafter, by
Notification dated 27.12.2021 all the three members have been
appointed and now the Tribunal stands duly constituted under the
Act.
4.1 It was therefore submitted that the impugned order can
be set aside and can be remanded back to the duly constituted
Tribunal to be decided afresh.
C/CRA/597/2021 ORDER DATED: 08/07/2022
5. Having heard the learned advocates appearing for the
respective parties and considering the fact that now the learned
Tribunal stands duly constituted, the impugned order is quashed
and set aside and the present case is remanded to the learned Waqf
Tribunal for a decision afresh by the duly constituted Tribunal.
6. The parties be issued fresh Notice in Waqf Suit No.235
of 2021 and the Learned Tribunal is directed to decide the case as
expeditiously as possible and preferable within a period of 9
months from the date of receipt of this order. Civil Revision
Application accordingly stands disposed of. No order as to costs.
(ANIRUDDHA P. MAYEE, J.)
cmk
