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IN THE HIGH COURT OF GUJARAT AT AHMEDBAD

(DISTRICT: AHMEDABAD)

Civil Revision Application No. __________/2019

Yunuskhan Muslimkhan Pathan & Ors …


Petitioner

Vs
Gujarat State Waqf Board & Ors. …
Respondents

INDEX

Sr. Description Annexure Page


No. No.
1 Synopsis

2 Memo of the Application

3 Copy of the impugned order A

dated 05.09.2019 passed by

the Waqf Tribunal

4 Copy of the order passed on B

31.03.1980 handing over the

charge of the trust to the

Receiver.

5 Copy of the order by Principal C

District Judge, Surat dated

11.04.2007

6 Copy of the order dated D

25.06.2007

7 Copy of the change report E

454/2017

8 Copy of the order dated F

08.01.2018 and PTR


9 Copy of the order in Civil Misc. G

(Trust) Application No. 50/2018

by Principal District Judge,

Surat dated 06.04.2018

9 Copy of the application filed by H

the Respondents no. 2 to 6

being aggrieved by the order

passed by Gujarat State Waqf

Board on 08.01.2018
IN THE HIGH COURT OF GUJARAT AT AHMEDBAD

(DISTRICT: AHMEDABAD)

Civil Revision Application No. __________/2019

Yunuskhan Muslimkhan Pathan & Ors …


Petitioner

Vs
Gujarat State Waqf Board & Ors. …
Respondents

SYNOPSIS

To Challenge: 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.
1980: 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
2017: 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.
11.10.2017: After 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.
08.01.2018: 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
17.09.2014: on further inquiry the respondent No. 3
stated that there is breach of the tenancy law.
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.

Hence this application.

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