Fatima Wd/O Ibrahim Wakf vs Munir Nurmohammed Nagori
2022 Latest Caselaw 6647 Guj

      C/CRA/125/2022                               ORDER DATED: 25/07/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CIVIL REVISION APPLICATION NO. 125 of 2022

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                        FATIMA WD/O IBRAHIM WAKF
                                 Versus
                       MUNIR NURMOHAMMED NAGORI
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Appearance:
MR A. U. SAPHIYA(9891) for the Applicant(s) No. 1,2,3
MR MANISH S SHAH(5859) for the Opponent(s) No. 2
SERVED BY RPAD (N) 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. Rule, returnable forthwith.

3. It is submitted on behalf of the applicants 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.

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.

       C/CRA/125/2022                              ORDER DATED: 25/07/2022



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 advocate appearing on behalf of the applicants submitted that at the relevant point of time, the Tribunal was not duly constituted. 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.

5. Having heard the learned advocates 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.7 of 2020 and the Learned Tribunal is directed to decide the case as expeditiously as possible and preferable within a period of 9

C/CRA/125/2022 ORDER DATED: 25/07/2022

months from the date of receipt of this order. The Civil Revision Application accordingly stands disposed of. No order as to costs.

(ANIRUDDHA P. MAYEE, J.)

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