KASIM YASIN NOOR Vs. IQBALBHAI ISMAILBHAI KURESHI

JUDGEMENT

(1.) By way of this petition under Article 226 and 227 of the Constitution of India, the petitioner has prayed for following reliefs:-

(2.) It is the case of the petitioner that the petitioner who are the trustees of Jamiatul Quresh (Choti Jamat) which is a registered Charitable Trust under the Gujarat Public Charitable Trust and having its registration No.B/316/Ahmedabad before the Charity Commissioner, Gujarat would not fall within the definition of Wakf, and therefore, the provisions of Wakf Act , 1995 would not be applicable to the petitioner-Trust. The application preferred by the petitioner dtd. 30/5/2017 seeking a declaration that the petitioner-Trust would be outside the perview of Wakf Act is pending before Wakf Board since 2017 and though the co-ordinate bench of this Court has vide order dtd. 11/4/2022 passed order in Special Civil Application No.4065 of 2022 directing the Wakf Board to decide the application preferred by the petitioner within a period of six months from the date of receipt of the order. till date, that application preferred by the petitioner is not decided.

(3.) In the meantime, the respondents by treating the petitioner-Trust to be a trust governed by the Wakf Act , 1995 preferred an application under Sec. 17 of the Wakf Act and prayed for certain directions and pursuant to that vide order dtd. 26/5/2022 passed upon an application preferred by the respondent No.2 and 3, the Chief Executive Officer of Gujarat State Wakf Board passed an order whereby one Mr. M.M. Anarwala, retired IPS Officer was appointed as Inquiry Officer and Mr. Altaf Saiyed was appointed as the Assisting Officer to the Inquiry Officer.