SAIYED MOHAMAD ABBAS MIYA Vs. HUSHEN HAJI ARANDIYA

JUDGEMENT

(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 Sec. 83 Sub- sec. 4 of the Gujarat Waqf Act (hereinafter referred to as the 'Act').

(2.) Learned senior counsel Mr. Gandhi appearing on behalf of learned advocate Mr. Hasit Joshi does not press this Civil Revision Application against unserved respondents. Hence, Rule, returnable forthwith. Learned advocate Mr. M. A. Kharadi waives service of rule on behalf of respondent Nos.1 and 3, whereas learned advocate Mr. Manish Shah waives service of rule on behalf of respondent No.15.

(3.) It is submitted on behalf of the applicants that the impugned order is passed by only two members of the Tribunal and therefore, the same is in the teeth of the provision of Sec. 83 Sub-sec. 4 of the Act. Therefore, it is required to be interfered with under the revisional jurisdiction of this Court.