Waqf Tribunal Cannot Insist On Deposit Of Cost For Issuing Notice: Gujarat High Court

It was the petitioner’s case that the petitioner’s forefathers had donated the land to the respondent No.2 for constructing ‘Musafir Khana’ for giving accommodation to the pilgrims.

However, the state government (respondent No.1) constructed a guest house and used the same for commercial purposes.

The petitioner made an application to the Gujarat State Waqf Tribunal (Tribunal) to stop the illegal construction and use of the guest house.

The Tribunal by an order dated 23.02.2022 held that the petitioner is neither beneficiary of the Trust, nor the person interested in the Waqf and it directed the petitioner to deposit cost of Rs.20,000/- so that notice can be issued to the concerned respondents in the application.

The court observed that the Gujarat State Waqf Tribunal (Procedure) Rules, 1998 does not provide for any procedure by which the tribunal can insist upon cost for issuance of notice.

Hence, the court quashed and set aside the impugned order and directed the tribunal to register the application and issue notices to the parties concerned and decide the same in accordance with law.

Case Title: Ashokbhai Narsinh Thakor/ Padhiyar v. Gujarat State Wakf Tribunal (Through Chairman)

Case Citation: 2023 Livelaw (Guj) 42

Coram: Justice Biren Vaishnav

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