IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 228 of 2013 In R/SPECIAL CIVIL APPLICATION NO. 9936 of 2012 =============================================

HAJI JAMALBHAI RAJABHAI BHATPORWALA & ORS.

Versus ANJUMAN-E-ISLAM DABHOI & ANR.

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Appearance MS MAMTA R VYAS(994) for the Appellant(s) No.

1,10,11,2,3,4,5,6,7,8,9 MR LR PATHAN(2370) for the Respondent(s) No. 2 MR MTM HAKIM(1190) for the Respondent(s) No. 1 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 24/09/2025

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. This Intra-court appeal is directed against the judgment and order dated 29.01.2013 passed by the learned Single Judge in allowing the writ petition setting aside the order dated 10.07.2012 passed by the Gujarat Waqf Board, namely the respondent No.1 before the writ Court.

2. The facts, in brief, to decide the controversy on hands are that the petitioners made a statement in the writ petition that there exists the Limdi Masjid in Dabhoi, which was constructed about 100 years ago by the persons belonging to Sunni sect. Since the beginning, the prayers (namaz) are being performed according to Sunni – Hanafi School as the Mutawalli and the beneficiaries are all belonging to Sunni sects and followers of Hanafi school.

3. The respondent Nos. 2 to 12 (appellants herein) belonging to Mahendvi / Taais ideology and non-believers as per Sunni – Hanafi school, for the first time in the year 1993 moved application to the Charity Commissioner by submitting the Change report No.207 / 1993 with an intention to snatch away the religious place owned , occupied and managed by the Sunni – Hanafi people.

4. The contention is that the Charity Commissioner did not exercise the jurisdiction and no order was passed in the change report No.207 of 2003 in view of the order passed by the District Court, Vadodara under Section 47 of the Bombay Public Trust Act, wherein it was ordered that the trustees of Anjuman – e – Islam, Dabhoi will be the trustees of Limbdi Masjid. The copy of the order passed by the District Court, Vadodara dated 27.10.1967 in Misc. Application No.89 of 1966 is appended as Annexure ‘A’ to the writ petition and Annexure ‘B’ is the copy of the order dated 12.08.1997 passed by the Charity Commissioner, Vadodara in change report No.207 / 1993.

5. It is further contended that the private respondents with their ulterior motives had earlier filed a Civil Misc. Application No. 217 / 1988 before the District Court, which was later withdrawn on 16.08.2011 on the premise that they had moved an application under Section 69 of the Waqf Act, 1995 before the Waqf Board.

6. It is contended that the Waqf Board without adhering to the procedure in gross violation of the principles of natural justice had passed the order dated 10.07.2012 to upset the established situation under the order of the District Court passed in the year 1967, which has led to the filing of the writ petition.

7. The learned Single Judge, on perusal of the record, has noted that absolutely no reasoning has been given by the Board to allow the application under Section 69 of the Waqf Act, 1995 filed by the respondents, namely the appellants herein. It is noted that the application was filed on 28.09.2010 and during the period when it remained pending about two and a half years, no scheme had been framed by the Waqf Board. The scheme of administration of the Waqf, if any, was to be framed under Section 69 and the procedure for the same was to be followed.

8. The learned Single Judge categorically records that the order impugned dated 10.07.2012 is a non-reasoned order and only this much is observed therein that if the administration of the Limbdi Masjid is to be handed over to the petitioner and they have failed to administer the same, the administration of the Masjid would have to be given