Remanded

Ahmedabad Municipal Corporation v. Ahmedabad Sunni Muslim Wakf Committee

Gujarat HC15 Jul 2022CRA/66/2022

Case brief

AI extract

What is this about?

The High Court, in this revision application, addressed the jurisdiction of the Gujarat State Waqf Tribunal formed with less than the required three members as per the Act. Finding the Tribunal now duly constituted via subsequent appointment, the Court remanded the matter for a fresh decision within nine months.

What did the court decide?

The matter is remanded to the Waqf Tribunal for a fresh decision by a duly constituted Tribunal within 9 months.

Ahmedabad Municipal Corporation Vs Ahmedabad Sunni Muslim Wakf Committee — Gujarat HC (2022) — LawSathi Research

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C/CRA/66/2022 ORDER DATED: 15/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CIVIL REVISION APPLICATION NO. 66 of 2022

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AHMEDABAD MUNICIPAL CORPORATION

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Versus

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AHMEDABAD SUNNI MUSLIM WAKF COMMITTEE

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Appearance:

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HL PATEL ADVOCATES(2034) for the Applicant(s) No. 1,2 MR MANISH S SHAH(5859) for the Opponent(s) No. 6 SAQUIB S ANSARI(7152) for the Opponent(s) No. 1,2,3,4,5

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CORAM: HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

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Date : 15/07/2022 ORAL ORDER

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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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Rule, returnable forthwith. Learned advocate Mr. Saquib Ansari waives service of notice of rule on behalf of the respondent Nos.1 to 5 and learned advocate Mr. Manish Shah waives service of notice of rule on behalf of the respondent No.6.

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It is submitted on behalf of the applicants that the impugned order is passed by the Chairman and 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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Page 1 of 3

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C/CRA/66/2022 ORDER DATED: 15/07/2022

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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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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 nonest 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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Learned advocates appearing on behalf of the respondents have not disputed the said contentions and submitted that at the relevant point of time, the Tribunal was not duly constituted as there were only two members. 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

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Page 2 of 3

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C/CRA/66/2022 ORDER DATED: 15/07/2022

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Tribunal to be decided afresh.

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Having heard the learned advocates appearing for the respective parties and considering the fact that now the learned Tribunal stands duly constituted, the present case is remanded to the learned Waqf Tribunal for a decision afresh by the duly constituted Tribunal.

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The parties be issued fresh Notice in Waqf Application No.2 of 2019 and the Learned Tribunal is directed to decide the case as 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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KAUSHIK D. CHAUHAN

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Page 3 of 3

Ahmedabad Municipal Corporation v. Ahmedabad Sunni Muslim Wakf Committee

Case brief

What is this about?

What did the court decide?

Ahmedabad Municipal Corporation v. Ahmedabad Sunni Muslim Wakf Committee

Case brief

What is this about?

What did the court decide?

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