Moinuddin Kasambhai Shaikh vs Gujarat State Waqf Board
2022 Latest Caselaw 5237 Guj

     C/CRA/541/2021                                ORDER DATED: 16/06/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CIVIL REVISION APPLICATION NO. 541 of 2021

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                        MOINUDDIN KASAMBHAI SHAIKH
                                   Versus
                        GUJARAT STATE WAQF BOARD
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Appearance:
MR M R MOLAVI(3362) for the Applicant(s) No. 1
MR MAKBUL I MANSURI(2694) for the Opponent(s) No. 2
MR MANISH S SHAH(5859) for the Opponent(s) No. 1
MS SABINA M MANSURI(3631) for the Opponent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                               Date : 16/06/2022

                                   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 S. Shah waives service of notice of rule on

behalf of respondent No.1 and learned advocate Mr. M.I.

Mansuri waives service of notice of Rule on behalf of

respondent No.2.

C/CRA/541/2021 ORDER DATED: 16/06/2022

3. It is submitted on behalf of the applicant 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.

3.1. 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 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.

C/CRA/541/2021 ORDER DATED: 16/06/2022

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

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.

5. Having heard the learned advocates appearing for

the respective parties and considering the fact that now

the learned Tribunal stands duly constituted, the present

case is remanded to the learned Waqf Tribunal for a

decision afresh by the duly constituted Tribunal.

C/CRA/541/2021 ORDER DATED: 16/06/2022

6. The parties be issued fresh Notice in Waqf Suit

No.3 of 2018 and the Learned Tribunal is directed to

decide the suit 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.) KUMAR ALOK