Saiyad Talatmehmood Yusufmiya vs Gujarat State Waqf Tribunal
2022 Latest Caselaw 9007 Guj

      C/CRA/165/2020                               ORDER DATED: 11/10/2022




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/CIVIL REVISION APPLICATION NO. 165 of 2020
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                       SAIYAD TALATMEHMOOD YUSUFMIYA
                                    Versus
                        GUJARAT STATE WAQF TRIBUNAL
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Appearance:
MR DHAVAL M BAROT(2723) for the Applicant(s) No. 1,2,3,4,5
MR MAKBUL I MANSURI(2694) for the Opponent(s) No. 3,4,5,6,7,8
MR MANISH S SHAH(5859) for the Opponent(s) No. 2
RULE SERVED for the Opponent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                   Date : 11/10/2022
                    ORAL ORDER

At the outset, learned advocates appearing for the respective parties are ad idem that the matter may be remanded to the Tribunal since while passing the impugned order and dismissing the appeal of the respondents, there are consequential directions given by the Tribunal, which could not have been issued.

In the present revision application, the applicant has assailed the judgment and order dated 01.09.2022 passed in Wakf Appeal No.16 of 2019 passed by the Gujarat State Wakf Tribunal, which was filed by the respondents against the order dated 09.04.2019 passed by the Wakf Board.

Thus, the impugned judgment and order passed by the Tribunal is hereby quashed and set aside. The matter is remanded to the Tribunal. The original Wakf Appeal No.16 of 2019 is ordered to be restored to its original file. The same shall be heard and decided on merits after affording appropriate opportunity to the respective parties. The Tribunal shall make an endavour to decide the said application preferably within a period of six months. Rule is made absolute.

(A. S. SUPEHIA, J) ABHISHEK/153