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2022 Supreme(Guj) 88

ARAVIND KUMAR, ASHUTOSH J.SHASTRI
Anwerhussain Usman Sumra – Appellant
Versus
Sajjad Hira, Chairman of Gujarat State Waqf Board – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. M.T.M. Hakim for Rizvan Shaikh
For the Opponent : Mr. Abhaykumar P. Shah, Mr. Hashim Qureshi, Mr. Kirtidev R. Dave, Mr. Manish S. Shah, Mr. Rahul K. Dave, Mr. Ekrama H. Qureshi

JUDGMENT :

Ashutosh J. Shastri, J.

1. The present contempt proceedings has been initiated for alleged willful and deliberate disobedience of order dated 02.09.2020 as well as 05.10.2020 passed in Special Civil Application 10363 of 2020.

2. The premise on which the present contempt application is filed is that applicant herein is the original writ petitioner, whereas opponent no. 8 herein is original respondent nos. 2 and opponent nos. 9 to 14 herein are original respondent nos. 3, 4, 7 to 9 and 12 respectively in the main Special Civil Application. Opponent no. 1 is the Chairman and opponent nos. 2 to 6 are the members of the Gujarat State Wakf Board and opponent no. 7 is the Chief Executive official of the Wakf Board. The case of the applicant is that in contravention to the procedure under the Wakf Act and in violation of the statutory provisions, opponent no. 1 i.e. Gujarat State Wafk Board passed an order dated 03.07.2020 and as such, same was challenged on the grounds of jurisdiction as well as violation of principles of natural justice. The learned Single Judge in main Special Civil Application was pleased to issue notice on 02.09.2020, by making it returnable on 05.10.2020 and

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