Disposed

Chauhan Bilalbhai Fatehmohammad v. Gujarat Wakf Board

Gujarat HC2 Apr 2019SCA/18508/2015

Case brief

AI extract

What is this about?

The High Court directed respondents commencing within a period of two weeks to dispose the period of two months from date to receipt to the order of the order in the order in the petitioners.

What did the court decide?

Wakf Board directed to decide on petitioners' detailed representation regarding appointment of administrator under Section 38, after hearing, within two months.

Chauhan Bilalbhai Fatehmohammad Vs Gujarat Wakf Board — Land Acquisition | Gujarat HC (2019)

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C/SCA/18508/2015 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 18508 of 2015 With

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CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2016 In R/SPECIAL CIVIL APPLICATION NO. 18508 of 2015

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================================================================ CHAUHAN BILALBHAI FATEHMOHAMMAD & 5 other(s)

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Versus GUJARAT WAKF BOARD & 5 other(s)

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================================================================ Appearance:

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RIZVAN SHAIKH(7146) for the Petitioner(s) No. 1,2,3,4,5 KSHITIJ M AMIN(7572) for the Respondent(s) No. 2,3,4,5,6 MR DEVANG VYAS(2794) for the Respondent(s) No. 2,3,4,5,6 MR MANISH S SHAH(5859) for the Respondent(s) No. 1

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================================================================

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 02/04/2019 ORAL ORDER

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[1] This petition is filed by the petitioners under Article 226 of the Constitution of India, challenging the communication/order dated 28.07.2015 by respondent No.1Wakf Board and other ancillary prayers.

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[2] Today, learned advocate for the petitioners restricts to prayer clause-(C) which seeks for the direction to the Wakf Board to exercise its powers under Section 38 of the Wakf Board and to appoint administrator.

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[3] Learned advocate for respondent No.1-Wakf Board states that till date, there is no representation from the petitioners for this purpose and if such representation is made, the Wakf Board is bound to consider the same in accordance with law and after affording opportunity of hearing to all the parties including those who claimed to be the trustees.

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Page 1 of 2

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C/SCA/18508/2015 ORDER

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[4] In view of the aforesaid, learned advocate for the petitioners would not press this petition at this stage so as to enable the petitioners to make detailed representation before the respondent No.1-Wakf Board. The respondent No.1-Wafk Board is thereafter, directed to take a decision on such representation particularly in exercise of its powers under Section 38 of the Wakf Act after affording opportunity of hearing to all concerned. Such exercise be undertaken and completed within a period of two months from the date of receipt of writ of this order.

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[5] With the aforesaid direction, present petition stands disposed of as not pressed. Notice is discharged.

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[6] In view of the order passed in the main matter, no order is required to be passed in Civil Application. Hence, Civil Application stands disposed of accordingly.

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(A.Y. KOGJE, J)

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SIDDHARTH

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Page 2 of 2

Chauhan Bilalbhai Fatehmohammad v. Gujarat Wakf Board

Case brief

What is this about?

What did the court decide?

Chauhan Bilalbhai Fatehmohammad v. Gujarat Wakf Board

Case brief

What is this about?

What did the court decide?

What the court decided

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