LAWS(GJH)-2022-6-447

AFZAL MOHAMMEDBHAI MEMON Vs. FIROZMIYA AHMED MIYA SHAIKH

Decided On June 21, 2022
Afzal Mohammedbhai Memon Appellant
V/S
Firozmiya Ahmed Miya Shaikh Respondents

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.) Rule, returnable forthwith. Learned advocate Mr. Manish Shah waives service of notice of rule on behalf of the respondent No.13.

(3.) It is submitted on behalf of the applicants that the impugned order is passed by the Chairman and only one member 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.