The court emphasized the independence of the inquiry and the need for the Wakf Board to decide the application of the petitioner-Trust.

ORDER :

1. By way of this petition under Article 226 and 227 of the Constitution of India, the petitioner has prayed for following reliefs:-

“16(A) THIS HON’BLE COURT MAY BE PLEASED TO allow the present Interlocutory application and thereby be pleased to vacate the interim relief granted by order dated 29/07/2022 passed by this Hon’ble Court in Special Civil Application No.14079 of 2022.

(B) THIS HON’BLE COURT MAY BE PLEASED TO pass further orders and directions and be pleased to direct the Respondent No.13 – Gujarat State Waqf Board to immediately and forthwith appoint Executive Officer as provided under Section 38 of the Waqf Act, 1995 for administration of the properties of Jamiatul Quresh (Choti Jamat), Registration No.B-316/Ahmedabad.

(C) Pending admission, hearing, and final disposal of the present Petition, this HON’BLE COURT MAY BE PLEASED TO vacate the interim relief granted by order dated 29/07/2022 passed by this Hon’ble Court in Special Civil Application No.14079 of 2022.

(D) Pending admission, hearing, and final disposal of the present petition, this HON’BLE COURT MAY BE PLEASED TO direct the Respondent No.13 – Gujarat State Waqf Board to immediately and forthwith appoint Executive Officer as provided under Section 38 of the Waqf Act, 1995 for administration of the properties of Jamiatul Quresh (Choti Jamat), Registration No.B-316/Ahmedabad.

(E) THIS HON’BLE COURT MAY BE PLEASED TO grant such other and further relief to the petitioner as may deem just and proper in the facts and circumstances of the case.”

2. It is the case of the petitioner that the petitioner who are the trustees of Jamiatul Quresh (Choti Jamat) which is a registered Charitable Trust under the Gujarat Public Charitable Trust and having its registration No.B/316/Ahmedabad before the Charity Commissioner, Gujarat would not fall within the definition of Wakf, and therefore, the provisions of Wakf Act, 1995 would not be applicable to the petitioner-Trust. The application preferred by the petitioner dated 30.05.2017 seeking a declaration that the petitioner-Trust would be outside the perview of Wakf Act is pending before Wakf Board since 2017 and though the co-ordinate bench of this Court has vide order dated 11.04.2022 passed order in Special Civil Application No.4065 of 2022 directing the Wakf Board to decide the application preferred by the petitioner within a period of six months from the date of receipt of the order till date, that application preferred by the petitioner is not decided.

3. In the meantime, the respondents by treating the petitioner-Trust to be a trust governed by the Wakf Act, 1995 preferred an application under Section 17 of the Wakf Act and prayed for certain directions and pursuant to that vide order dated 26.05.2022 passed upon an application preferred by the respondent No.2 and 3, the Chief Executive Officer of Gujarat State Wakf Board passed an order whereby one Mr. M.M. Anarwala, retired IPS Officer was appointed as Inquiry Officer and Mr. Altaf Saiyed was appointed as the Assisting Officer to the Inquiry Officer.

4. Being aggrieved by and feeling dissatisfied with the aforesaid order, petitioner has preferred this petition.

5. The main contention raised by learned advocate Mr. Pathan is that when the application preferred by the petitioner seeking a declaration that the petitioner trust would not be governed by the provisions of Wakf Act, 1995 is pending before the Wakf Board and though the aforesaid issue has not been adjudicated by the Wakf Board. If any order is passed treating the petitioner-Trust to be Wakf property and if any inquiry is ordered by appointing the Inquiry Officer the said order will have baring on the application preferred by the petitioner which is also pending before the Wakf Board and once any inquiry is conducted and report is submitted, the interest of the petitioner-Trust would be directly and adversely affected, and therefore, on the short point this petition is preferred. Learned advocate Mr. Pathan su