ASHRAFBHAI NOORBHAI KHALIFA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since all these applications raised a common issue with regard to authority and jurisdiction of Gujarat State Waqf Tribunal determining the proceedings in respective cases by Chairman and one member of the Tribunal, can it be said to be an order passed by duly constituted Tribunal under the Waqf Act, 1995 (for short 'the Act'), I propose to determine all these three applications together by this common order. As such, all these three matters are not being determined on the facts of case, I need not deal with the facts contained in each of the applications.

(2.) RULE returnable forthwith. Mr. Manish Shah, learned advocate waives service of notice of rule for and on behalf of respondent No.1 and Mr. MTM Hakim, learned advocate for Mr. Saquib Ansari, learned advocate waives service of notice of rule for and on behalf of respondent No.2 in each applications.

(3.) Mr. Asifkhan Pathan, learned advocate for the applicant in each of the applications submitted that the order impugned before this Court is passed by chairman as also one member of the Gujarat State Waqf Tribunal, which is without jurisdiction, and therefore, it is required to be interfered with under the revisional jurisdiction of this Court under sub sec. (9) of Sec. 83 of 'the Act'.