Bukhari Manzurali Rashidali vs Gujarat State Waqf Board
2023 Latest Caselaw 263 Guj

     C/CRA/645/2022                                      ORDER DATED: 10/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CIVIL REVISION APPLICATION NO. 645 of 2022
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                      BUKHARI MANZURALI RASHIDALI
                                 Versus
                       GUJARAT STATE WAQF BOARD
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Appearance:
HARSH K RAVAL(9068) for the Applicant(s) No. 1
MR DIPEN K DAVE(3296) for the Applicant(s) No. 1
for the Opponent(s) No. 1,10,11,12,2,3,4,5,6,7,8,9
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                               Date : 10/01/2023
                                ORAL ORDER

This Court [Coram: Hon'ble Mr. Justice

Aniruddha P. Mayee] vide order dated

03.08.2022 disposed of the Civil Revision

Application No. 238 of 2022 and other allied

matters. The present application was also

part of this group. However, the same was

left out. In view of above,the following

order is passed:

1.The present group of Civil Revision

Applications arise out of the judgment and

order dated 29.03.2022 passed by the Gujarat

State Wakf Tribunal, Gandhinagar (hereinafter

C/CRA/645/2022 ORDER DATED: 10/01/2023

referred to as "the Wakf Tribunal") in Wakf

Appeal Nos.06/2020, 48/2019, 23/2018,

26/2018, 28/2018, 31/2018, 32/2018, 33/2018,

35/2018 and 25/2019 whereby, the Wakf

Tribunal has decided the issue with respect

to the administration of Hazrat Pir Shah Alam

Roza Trust having Registered No. B/739,

Ahmedabad.

2.All the learned advocates appearing for the

parties agree in unison that the contentions

raised by the parties were not completely

adjudicated either by the Wakf Board or by

the Wakf Tribunal and many of the contentions

have not at all been dealt with. The learned

advocates for the parties are at ad idem that

the impugned orders herein can be set aside

and the matters could be remanded back to the

Wakf Board for fresh adjudication on merits,

in accordance with law. It is also agreed

that the parties will be permitted to raise

C/CRA/645/2022 ORDER DATED: 10/01/2023

all the contentions afresh and to adduce

evidence in support of their case. It is

further agreed that the Wakf Board will

decide all the contentions and material

produced before it on its own merits and

without being influenced by any of the

observations made in the earlier orders of

the Wakf Board, the Wakf Tribunal and the

interim orders passed by this Court in the

present proceedings.

3.In view of the consensus arrived at between

the parties, the impugned orders passed by

the Wakf Tribunal and the Wakf Board are

hereby quashed and set aside. It is made

clear that this Court has not gone into the

merits of these matters nor has it expressed

any opinion on the merits of the case. All

the matters have been remanded back for fresh

consideration on merits in view of the broad

consensus between the parties.

C/CRA/645/2022 ORDER DATED: 10/01/2023

3.1 All the parties herein are directed to

appear before the Wakf Board on 22nd August,

2022 and thereafter the Wakf Board may draw

up an appropriate time table to complete the

pleadings in the matters. All the parties

herein agree to cooperate in the proceedings

and undertake not to seek any unnecessary

adjournments. The Wakf Board is directed to

decide the matters as expeditiously as

possible and preferably by 31st July, 2023.

3.2 In the meanwhile, it is clarified that

the Administrator, namely, Shri Nazirkhan

Rasulkhan Pathan, Retd. Joint District Judge,

who has been appointed vide order dated

18.06.2022 passed by the Wakf Board, will

continue to discharge his duties in terms of

Section 38 of the Wakf Act, 1995 and will

maintain proper accounts of the Wakf. The

Administrator will render quarterly accounts

to the Wakf Board. If any party in the

C/CRA/645/2022 ORDER DATED: 10/01/2023

proceedings pending before the Wakf Tribunal

in respect of the present Wakf is desirous to

join the proceedings before the Wakf Board,

then such party shall be at liberty to do so

by moving an appropriate application before

the Wakf Board, which will be considered and

decided on its own merits, in accordance with

law.

3.3 With the above observations and

directions, all the Civil Revision

Applications stand disposed of.

(BHARGAV D. KARIA, J) JYOTI V. JANI