Gujarat High Court
Gujarat State Wakf Board vs Gujarat State Wakf Tribunal At ... on 7 January, 2025
NEUTRAL CITATION
C/CRA/552/2021 ORDER DATED: 07/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 552 of 2021
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023
In R/CIVIL REVISION APPLICATION NO. 552 of 2021
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GUJARAT STATE WAKF BOARD
Versus
GUJARAT STATE WAKF TRIBUNAL AT GANDHINAGAR & ORS.
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1
MR BHARAT SHAH(3345) for the Opponent(s) No. 3.1
RULE SERVED for the Opponent(s) No. 1
SAQUIB S ANSARI(7152) for the Opponent(s) No. 2,2.1,2.2,2.3,2.4
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 07/01/2025
ORAL ORDER
ORDER IN CIVIL REVISION APPLICATION NO. 552 of 2021
1. Heard learned advocate Mr.Manish S.Shah for the
applicant, learned advocate Mr.Bharat Shah for
the respondent no.3.1 and learned advocate
Mr.Saquib S.Ansari for the respondent nos.2,
2.1, 2.2, 2.3, 2.4.
2. The present Civil Revision Application has been
filed challenging the Judgment and order dated
03.03.2021 passed in Waqf Suit No.145 of 2020,
more particularly direction no.6 of the Judgment
in Waqf Suit No.145 of 2020, whereby a direction
NEUTRAL CITATION
C/CRA/552/2021 ORDER DATED: 07/01/2025
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was given that as the respondent no.1 of the
said suit is in illegal possession, proceedings
under Section 61 of the Waqf Act, 1995 (for
short "the Act") should be initiated against
respondent no.1 and being aggrieved by the said
order, the present Civil Revision Application is
filed by the original respondent no.2.
3. It is the case of the respondent no.2 that even
as per Section 61 of the Act, the Section states
about possession with Mutawalli and admittedly
in the present dispute, the respondent no.1 is
not a Mutawalli and it has been observed that he
is in illegal possession of the premises.
4. In the present Civil Revision Application, the
only dispute is with respect to direction no.6
issued in Waqf Suit No.145 of 2020, the other
directions are not before this Court.
5. Learned advocate for respondent no.1 has fairly
conceded that the direction no.6 could have been
only passed against the Mutawalli and not
against respondent no.1 and the said direction
is required to be quashed and set aside.
6. Having heard learned advocates appearing for the
respective parties and after perusing the
record, more particularly, the order dated
03.03.2021 whereby direction no.6 is passed
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C/CRA/552/2021 ORDER DATED: 07/01/2025
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stating that the respondent no.1 is in illegal
possession of the premises and it is not the
case in Waqf Suit no.145 of 2020 that respondent
no.1 is a Mutawalli and therefore the order
dated 03.03.2021, more particularly direction
no.6 is required to be quashed and set aside. It
has also been brought to the notice of the Court
that the entire dispute has been settled but the
fact remains that in Waqf Suit No.145 of 2020,
the Court could not have given direction as
mentioned in clause 6.
7. In view of the same, direction no.6 in Waqf Suit
No.145 of 2020 dated 03.03.2021 is hereby
quashed and set aside. The present Civil
Revision Application is accordingly disposed of.
ORDER IN CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2023 In R/
CIVIL REVISION APPLICATION NO. 552 of 2021
1. The present application has been filed by the
original respondent no.2 and it is stated that
during the pendency of Miscellaneous Application
No.32 of 2021, the applicant i.e. respondent
nos.2 and 3 have settled and compromised the
matter and the opponent no.3 intends to handover
the possession of the premises to present
respondent no.2-original applicant.
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C/CRA/552/2021 ORDER DATED: 07/01/2025
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2. As the Civil Revision Application has been
disposed of, the Tribunal after considering the
pursis and the compromise agreement can pass
appropriate order and direction as per the
provisions of law. The present Civil Application
is accordingly disposed of.
(SANJEEV J.THAKER,J)
URIL RANA
