IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

(DISTRICT: AHMEDABAD)

Civil Revision Application No. of 2019

1. Yunuskhan Muslimkhan Pathan

Age – __ years, Male, Muslim,
12, Ring road, Power house,
Umarvada, Surat.

2. Pathan Asfaqkhan Mohammadkhan

Age – __ years, Male, Muslim,
2/5045, Usmanpura Akhbaar Shahid Dargah,
Surat -395002.

3. Mohammad Ibrahim Kadarmiya Shaikh

Age – __ years, Male, Muslim,
3/3025, Usmanpura Akhbaar Shahid Tekra,
Pathanvad, Surat.

4. Abdulaziz Abdulgani Shaikh

Age – __ years, Male, Muslim,
3/3024, Usmanpura Akhbaaar Shahid,
Pathanvad, Surat.

5. Mohammad Asgar Gulam Mustufa Shaikh

Age – __ years, Male, Muslim,
3/3014, Chirag Hotel Lane,
Usmanpura, Surat.

...Revisionist
(Original Appellant)

Versus

1. Gujarat State Waqf Board, Gandhinagar

Block 8, Ground Floor, Dr. Jivraj Mehta Bhavan, Ch
Road, Gandhinagar

2. Aiyubkhan Mohmadkhan Pathan

Resident of:2/5024, Usmanpura,
Akhbar Shahid Dargah ni chal,
Surat -395002.
 3. Saiyed Sujauddin Nizamuddin
Resident of:213, Gopi Talavni Juparpatti,
Behind Akhbar Shahid Dargah,
Gopipura, Surat.

4. Mehbubkhan Rashidkhan Pathan

Resident of: 2/5024, Akhbar Shahid Dargah
Compound,
Usmanpura Police Chowki,
Usmanpura, Surat -395002

5. Firozkhan Kadirkhan Pathan

Resident of:2/5037, Usmanpura, Near Akhbar Shahid
Dargah,
Near Police Chowki, main road, Surat.

6. Shadabkhan Mohmadkhan Pathan

Resident of: 2/5045, Usmanpura Police Chowki,
Akhbar Shahid Dargah Compound,
Usmanpura, Surat. ...Respondents

Revision Application
U/s. 83 of The Waqf
Act, 1995 r/w Section
115 of Civil Procedure
Code.

To,
The Hon’ble the Chief Justice and the
Other Hon’ble Judges of the High Court
of Gujarat at Ahmedabad.

The humble application of the

revisionists above named;

MOST RESPECTFULLY SHEWETH THAT:

1. By the way of this revision application the

revisionists beg to challenge the order dated

05.09.2019 passed by Ld. Gujarat State Waqf

 Tribunal, Gandhinagar, whereby the original order by

the Waqf Board (Respondent no. 1 herein) is quashed

and Waqf Appeal filed by tenants is allowed Vide order

dated 08.01.2019. The said order is passed without

furnishing any reasons and without placing reliance on

all the relevant documents placed on record into

consideration. The Copy of the impugned order dated

05.09.2019 passed by the Waqf Tribunal is annexed

hereto and marked as “Annexure – ____”.

2. Brief facts giving rise to the present revision

application is as under:-

2.1 That, the revisionists are legal trustees, are in

the management of the trust and have legal

authority and right over the administration. The

trust is a registered Waqf bearing registration

No. B-497, Surat. It is stated that as WAQF Act

came into force, the trust was registered at

WAQF office. The respondents are the person in

interest and beneficiary to the said trust.

2.2 Kutbuddin Z. Refai is a Court appointed

Receiver, in Misc. Public Trust Application No.

107/1977 and the order was passed on

31.03.1980 handing over the charge of the trust

to him. Copy of the said order is annexed hereto

and marked as “Annexure – ____”.

2.3 It is submitted that in 2007, receiver made

applications for his termination. But Principal

 District Judge, Surat rejected the said application

on 11.04.2007 on the ground that he shall be

the receiver till the Assistant Charity

Commissioner gives his order regarding Change

Report No. 304/1975 and 553/1975. Copy of the

said order is annexed hereto and marked as

“Annexure – ____”.

2.4 Aggrieved by the said order, receiver filed

Special Civil Application No. 15931/2007 in

Hon’ble Gujarat High Court, which also came to

be rejected on the ground that the Change

Report is filed before the Assistant Charity

Commissioner and the same is pending. Copy of

the said order dated 25.06.2007 is annexed

hereto and marked as “Annexure – ____”.

2.5 It is submitted that often meeting was held

under the leadership of the representatives of

the area and they worked to resolve the dispute

between the trustees. As few of the trustees

had died and the remaining had not expressed

their consent to remain as trustees, therefore

the residents of Rustampura, Pathanwad area

had decided to sort out the dispute by appointing

new trustees and accordingly one meeting was

held on 12.08.2017 and unanimously, the

revisionists were appointed as the trustees and

the resolution was passed in presence of

 residents of Rustampura, Pathanwad area and

thus they have been appointed as new trustees

of the said trust.

2.6 It is submitted that after the appointment as

trustees, the change report No. 454/2017 was

filed on 11.10.2017 before the Waqf Board, after

the legal proceedings, the former living trustees

named Mohammed Salim Abdulkadar Turava and

Kadarmiya Chhotumiya Shaikh had given their

voluntary resignation in change report No.

454/2017 and Mohammadkhan Wahabkhan had

produced the compromise letter in the said

change report and the revisionists have become

the new appointed trustees. Copy of the said

change report is annexed hereto and marked as

“Annexure – ____”.

2.7 The order was passed on 08.01.2018 by Gujarat

State Waqf Board in favor of revisionists, who

have become the new trustees, since then, the

revisionists are the legal trustees of the said

Akbar Shahid Masjid and Dargah Trust. Copy of

the said order dated 08.01.2018 and PTR is

annexed hereto and marked as “Annexure –

____” collectively.

2.8 It is submitted that the revisionists are the

legally appointed trustees and the dispute

regarding the trustees has been resolved and

 also they have legally become entitled to do the

management of the trust. Thus, in Civil Misc.

(Trust) Application No. 50/2018 before District

Court, Surat, the revisionists prayed to remove

the Receiver from the trust. Thereafter,

Kutbuddin Z. Refai was relieved from the post of

Receiver of Akbar Shahid Masjid and Dargah

Trust and the Receiver to handover the charge of

the management of the trust to the revisionists.

The said order was passed on 06.04.2018. Copy

of the said order in Civil Misc. (Trust) Application

No. 50/2018 by Principal District Judge, Surat is

annexed hereto and marked as “Annexure –

____”.

2.9 It is submitted that being aggrieved by the order

passed by Gujarat State Waqf Board on

08.01.2018, allowing the change report no. 454

of 2018, the Respondents no. 2 to 6 who are

tenants of Shop of Trust, filed an application in

Gujarat State Waqf Tribunal Gandhinagar for

stay in the said order. Copy of the said

application is annexed hereto and marked as

“Annexure – ____”.

2.10 Thereafter, on 05.09.2019 the Waqf Tribunal set

aside the order passed on 08.01.2018 by Gujarat

State Waqf Board regarding acceptance of

Change Report No. 454/2018 and also appointed

 a new receiver without there being any Prayer,

Pleadings for the appointment of the Receiver.

3. Being seriously aggrieved by and dissatisfied with the

order dated 05.09.2019 passed by the Ld. Gujarat

State Waqf Tribunal, Gandhinagar, allowing the Waqf

Appeal No. 6 of 2018, Revisionists beg to challenge

the said order on the following amongst other grounds

which may be urged at the time of hearing;

\\ GROUNDS //

a) That the Ld. Tribunal has committed a grave error in

rendering the impugned order overlooking the totality

of facts and the documentary evidence available on

the record of the case.

b) That the Ld. Tribunal has committed a serious

Jurisdictional error while allowing the appeal filed by

the tenants who have no role in administration and

management of Waqf/ Trust.

c) That the Ld. Tribunal has exercised the Jurisdiction

which is not vested in it. The Tribunal has gone

beyond the Lis pending before it and has appointed a

receiver without there being any Prayer for the

appointment of receiver. This shows the receiver is

appointed without Pleading and Prayer and

consequently without allowing the appointed Trustees

for being heard on this aspect. Hence, the impugned

Order is against the principal of natural justice.

d) That the Ld. Tribunal has committed a grave error of

law in not properly reading, constructing and applying

its mind to the relevant provisions of the law.

e) That, the Ld Tribunal have grossly erred in analyzing

the procedure regarding the acceptance of the Change

Report No. 454/2018. It is submitted that the

revisionists had properly followed the legal procedure

relating to the said change report.

f) That, the former living trustees and receiver has not

objected to the Change Report No. 454/2018. And

that on 26.04.2009, the revisionists agreed to the PTR

Report.

g) That, the Ld. Tribunal has failed to look that the

respondents had no locus standi in filing the Waqf

Appeal as they have no capacity to bring an action

against the order passed by Gujarat State Waqf Board

regarding acceptance of Change Report No. 454/2018

for change of trustees. It is submitted that the tenants

can not file an Appeal under Section 83 of Waqf Act,

1995 and can not challenge the appointed Trustees.

h) That, the respondent No. 2 to 6 are the tenants on the

said trust and they neither pay the rent nor the taxes.

And thus the respondents maliciously have raised the

issues for avoiding the tax and Rent liabilities.

i) That, the Ld Tribunal has not considered any of the

authorities cited before it and hence it has reason to

believe that the Ld Tribunal has hurriedly rejected the

 appeal without considering the ratio laid down in the

judgments cited before the Ld Tribunal.

j) That the Ld. Tribunal has committed a grave error in

merely setting aside the order dated 08.01.2018

passed by Ld. Board while overlooking the factual

scenario and the documentary evidence available on

record of the case. However, the Ld. Tribunal has

failed to give any cogent, germane or sound reasons

in support of the conclusion arrived at by the Ld.

Tribunal.

k) That the impugned order of the Ld Tribunal suffers

from the vice of total arbitrariness, conjectures and

surmises based on no evidence. The impugned order

therefore deserves to be quashed and set aside.

l) That, the impugned order is contrary to the law

declared by this Hon’ble Court and the Hon’ble Apex

Court and therefore the impugned order is required to

be quashed and set aside in the interest of justice.

4. The Revisionists most respectfully states and submits

that the Revisionists have approached this Hon’ble

Court as expeditiously as circumstances permitted,

without causing any delay and latches.

5. The Revisionists most respectfully and humbly submit

that the Revisionists are having a strong prima facie

case and the balance of convenience is also in favor of

the petitioner. If the interim relief as prayed for by the

 Revisionists is not granted, the Revisionists shall

suffer irreparable loss and injury, whereas grant of

same may not cause any loss to the respondent.

Hence, the interim relief is required to be granted, in

the interest of justice.

6. The unanimously appointed Trustees have already

taken charge of the Trust on 08.01.2018 and still

managing and administering the Trust without any

dispute. And there are two orders, one by the original

authority in favor of the Revisionists and other by the

appellate authority passing the Order without

Pleading, Prayer and against the principals of natural

justice. Hence, this Honorable Court may kindly

protect the lis by staying the impugned order. And if

the receiver is appointed and taken management of

Trust, there are chances that the present lis will

become infractuous.

7. The Revisionists crave leave to add, amend, alter,

modify and delete any ground(s) during the

pendency of this petition.

8. The Revisionists state and submit that there is no

alternative efficacious remedy except by way of this

Revision Application before this Hon’ble Court.

9. The Revisionists have not filed any other Revision

Application and/ or application containing the same

subject matter before this Hon’ble Court or any

 other Court including the Hon’ble Supreme Court of

India.

10.The Revisionists, therefore, humbly pray that;

A) YOUR LORDSHIPS may kindly be pleased to

admit and allow the present Revision Application;

B) YOUR LORDSHIPS may be pleased to call for

records and proceeding of Waqf Appeal No. 6 of

2018 decided by Ld. Gujarat State Waqf Tribunal,

Gandhinagar; and after perusing the same, YOUR

LORDSHIPS may kindly be pleased to quash and

set aside the impugned order dated 05.09.2019,

passed by the Ld. Gujarat State Waqf Tribunal,

Gandhinagar in Waqf Appeal No. 6 of 2018 in the

interest of the justice;

C) During the pendency of the Revision Application

herein YOUR LORDSHIPS MAY BE PLEASED TO

GRANT STAY on implementation and operation of

the impugned order in the interest of justice;

AND

D) YOUR LORDSHIP may be pleased to award cost of

this Revision Application and also grant such

other and further relief(s) as may deed just and

proper in the facts and circumstances of the

case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE

REVISIONISTS SHALL AS IN DUTY BOUND FOR EVER PRAY.
Ahmedabad ------------------------------
___.10.2019 Ronak R. Sirsikar
Advocate

AFFIDAVIT

I, ____________, Age: __, Muslim, Male,

Occupation: _______, Residence at: _________,
state and declare on oath and solemnly affirm as
under that;
The contents of the Para No. _ to _ of this
petition are read over to me and explained to me
in Gujarati and the same are true and correct to
the best of my knowledge and belief. And Para 9
is the prayer clause which also I believe it to be
true and correct.
Solemnly affirmed on this _____ day of
October, 2019 at Ahmedabad.
Explained in Gujarati
& Identified by me