ANJUMAN E HAIDERY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, learned advocate Mr.Majmudar and the learned advocate Mr.Manish Shah have submitted that in fact the petition suffers from suppression of material facts since despite having knowledge of the documents at page no.30, neither it is referred in the entire petition nor it is challenged. It is also submitted that the petitioner has an alternative remedy to challenge the alleged illegal action before the Gujarat Wakf Board Tribunal.

(2.) Learned advocate Mr.M.A.Kharadi when faced with this submission, has tried to impress this Court with the averments made in paragraph no.11 of the writ petition. Paragraph no.11 reads as under:-

(3.) The issue in the present writ petition deals with the delition of two property nos.976 and 977 from the petitioner-Gujarat State Wakf Board. The same is done pursuant to the resolution dtd. 10/9/2013 passed by the respondent-Board. It is apparent that the petitioner, who has filed the writ petition, on the affidavit made by the petitioner by making such averments as recorded in paragraph no.11, has in fact produced the documents from page nos.16 to 30 pertaining to the deletion of property nos.976 and 977. Despite having custody or possession of the aforesaid documents and having been produced before this Court, in paragraph no.11 such statement is made. Thus, the petitioner though was having the knowledge of the resolution as mentioned hereinabove, has not cared to refer to it nor has challenged the same.