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2020 Supreme(Guj) 677

VIKRAM NATH, ASHUTOSH J.SHASTRI
Akhalak Ahmed Nizamali Bukhari – Appellant
Versus
Gujarat State Waqf Board – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. M.I. Hava, Mr. Moiz K. Rafique.
For the Respondents: Mr. Manish Shah, Mr. Shalin Mehta, Mr. M.I. Merchant, Mr. Hemang Shah.

JUDGMENT :

VIKRAM NATH, J.

1. This Letters Patent Appeal under Clause 15 of the Letters Patent Act has been preferred by the original writ petitioners assailing the correctness of the judgment and order dated 13.02.2020 passed by the learned Single Judge in Special Civil Application No. 550 of 2020, whereby the writ petition has been dismissed on the ground of alternative remedy available to the writ petitioner-appellant under Section 83 of the Wakf Act, 1995 (hereinafter referred to as “the 1995 Act”).

2. We have heard Shri M.I. Hava, learned counsel appearing for Shri Moiz Rafique, learned counsel for the appellants and Shri Shalin Mehta, learned Senior Advocate along with Shri M.I. Merchant and Shri Hemang Shah, learned counsels for respondent No. 2.

3. The issue arising in the present appeal is purely legal and may not require any detailed narration of facts. Even otherwise, the facts giving rise to the writ petition as also the appeal have been elaborately recorded by the learned Single Judge and the same have not been disputed by the learned counsel for the parties. As such, we are not repeating the same in detail, however necessary reference to relevant facts have been made at a

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