ARVINDBHAI DOLATBHAI DESAI Vs. GUJARAT STATE WAKF BOARD

JUDGEMENT

(1.) Yesterday the matter was heard by this Court by hearing learned senior advocate Mr. R.R. Marcel with learned advocate Mr. A.B. Munshi for the petitioners, learned advocate Mr. MTM Hakim with learned advocate Mr. Makbul I. Mansuri for respondent No.4, learned advocate Mr. Manish S. Shah for respondent No.1, learned advocate Mr. M.I. Merchant for respondent No.3, learned advocate Mr. Satyam Y. Chhaya for respondent No.5 and Mr. Satyam Y. Chhaya for respective parties.

(2.) The principal grievance of the petitioner is that the impugned order dtd. 3/12/2019 passed by respondent No.2-Tribunal Wakf Application No.19 of 2016 as well as order dtd. 11/2/2016 passed by respondent No.1-Wakf Tribunal were decided the application without hearing the petitioner in main application/appeal, and therefore, only on the ground of non observance of principle of nature justice, the impugned orders are required to be quashed and set aside without entering into the merits of the matter and matter is required to be remanded back.

(3.) Learned advocates appearing for the respondents including the contesting respondents could not dispute the aforesaid facts and learned advocate Mr. MTM Hakim has fairly submitted before this Court that if without entering into the merits of the matter only with a view to see that principle of natural justice are followed by the Tribunal, impugned order may be quashed and set aside and Tribunal may be directed to decide the application by remanding the matter back to the Tribunal and further the Tribunal also be directed to decide the application for being joined as party by the petitioner within some time bound schedule.