ALPESHBHAI CHANDUBHAI PATEL Vs. GUJARAT STATE WAQF TRIBUNAL

JUDGEMENT

(1.) Mr R. R. Marshall, learned senior counsel appearing with Mr Ariez B. Munshi, learned advocate for the petitioners submitted that in view of the order dtd. 7/10/2022 passed by this Court in Special Civil Application no.1694 of 2020, the order under challenge in the captioned revision application, virtually, would not survive.

(2.) It is submitted that vide order dtd. 11/2/2016 passed by the Board, sale in favour of one Mr Ghanshyambhai Popatlal Katrodiya i.e. respondent no.2 came to be cancelled who, has executed a registered sale deed in favour of the petitioners on 1/6/2015. It is submitted that the said order, was subject matter of challenge in the appeal wherein, the petitioners, preferred an application for being joined as party respondents; however, the application, came to be rejected by passing an order dtd. 27/2/2018 below Exhibit 35. The said order, is subject matter of challenge in the captioned revision application.

(3.) It is submitted that on the other hand, the Tribunal, has passed an order dtd. 3/12/2019 in Wakf Application no.19 of 2016, dismissing the appeal whereby, the order dtd. 11/2/2016 passed by the Board, came to be confirmed. It is submitted that the said order, was subject matter of challenge in Special Civil Application no.1694 of 2020 whereby, this Court, has allowed the writ petition since the order, was passed without hearing the petitioners. It is submitted that the direction issued by this Court to the Tribunal, is to pass order after hearing the petitioners. Therefore, when there is a direction by this Court to the Tribunal to pass the order after hearing the petitioners the application of the petitioners for being joined as party respondents stands virtually allowed. Therefore, the captioned revision application, may be allowed with similar such direction.