Remanded

Iqbalbhai Ahemadji Rjaiwala v. Gujarat State Wakf Board

Gujarat HC13 Jul 2022CRA/193/2022

Case brief

AI extract

What is this about?

High Court at Ahmedabad quashed a revisional order passed by a single-member Tribunal pursuant to the Gujarat Waqf Act. Noting subsequent appointment of remaining members constituting a full three-member Tribunal, the Court set aside the invalid order and remanded the matter for fresh decision.

What did the court decide?

Impugned order quashed and set aside; case remanded to Waqf Tribunal for fresh decision by duly constituted three-member Tribunal within nine months.

Iqbalbhai Ahemadji Rjaiwala Vs Gujarat… — Constitutional and Fundamental Rights | Gujarat HC (2022)

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C/CRA/193/2022 ORDER DATED: 13/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CIVIL REVISION APPLICATION NO. 193 of 2022

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IQBALBHAI AHEMADJI RJAIWALA Versus GUJARAT STATE WAKF BOARD

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Appearance:

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Z L KHAN(7966) for the Applicant(s) No. 1 MR MANISH S SHAH(5859) 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 ANIRUDDHA P. MAYEE

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Date : 13/07/2022

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ORAL ORDER

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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 Subsection 4 of the Gujarat Waqf Act (hereinafter referred to as the ‘Act’).

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2. Rule, returnable forthwith.

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3. It is submitted the impugned order is passed by 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.

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3.1 It is further submitted that Section 83(4) 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.

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Page 1 of 3

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C/CRA/193/2022 ORDER DATED: 13/07/2022

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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.

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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.

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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.

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4. Learned advocate appearing on behalf of the applicant submitted that at the relevant point of time, the Tribunal was not duly constituted. 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.

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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.

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5. Having heard the learned advocate for the applicant and considering the fact that now the learned Tribunal stands duly constituted, the impugned order is quashed and set aside and the present case is remanded to the learned Waqf Tribunal for a decision afresh by the duly constituted Tribunal.

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6. The parties be issued fresh Notice in Waqf Suit No.138 of 2020 and the Learned Tribunal is directed to decide the case as

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Page 2 of 3

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C/CRA/193/2022 ORDER DATED: 13/07/2022

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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.

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(ANIRUDDHA P. MAYEE, J.)

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cmk

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Iqbalbhai Ahemadji Rjaiwala v. Gujarat State Wakf Board

Case brief

What is this about?

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Iqbalbhai Ahemadji Rjaiwala v. Gujarat State Wakf Board

Case brief

What is this about?

What did the court decide?

What the court decided

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