Gujarat High Court
Lhr Of Decd Badrudin Ibrahim Diwan ... vs Waqf Hajimohmad And Hajihasam ... on 25 July, 2022
Bench: Aniruddha P. Mayee
C/CRA/398/2022 ORDER DATED: 25/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 398 of 2022
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LHR OF DECD BADRUDIN IBRAHIM DIWAN SAIFUDDIN BADRUDIN
DIWAN MOIZ SAIFUDIN DIWAN
Versus
WAQF HAJIMOHMAD AND HAJIHASAM PIRMAHAMAD MUSAFARKHANA
THROUGH VAKIL HAJIHASAN A REHMAN BHANDERI
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Appearance:
MR RAJESH K SAVJANI(2225) for the Applicant(s) No. 1
MR AFTABHUSEN ANSARI(5320) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 25/07/2022
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. It is submitted on behalf of the applicants that the
impugned order is passed by the Chairman and 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.
2.1 It is further submitted that Section 84(3) of the Act
provides that every Tribunal shall consists of the Chairman and
two members and the Tribunal shall deem to be duly constituted
C/CRA/398/2022 ORDER DATED: 25/07/2022
by all the three members.
2.2 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.
2.3 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.
2.4 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.
3. Mr.Aftabhusen Ansari, learned advocate appearing on
behalf of the respondent has 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. 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 the present case is remanded to the learned Waqf
Tribunal for a decision afresh by the duly constituted Tribunal.
C/CRA/398/2022 ORDER DATED: 25/07/2022
5. The parties be issued fresh Notice in Waqf Suit No.250 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.)
ALI
