JUDGMENT

1. Rule returnable forthwith. Learned counsel Mr. Manish Shah, waives service of notice of Rule for and on behalf of the respondent- Gujarat State Waqf Board.

2. With the consent of the learned advocates for the parties, the matter is taken up for final hearing and disposal.

3. By way of present petition under Article 226 & 227 of the Constitution of India read with the provisions of the Waqf Act, 1995, petitioners have prayed for the following reliefs :

(A) THIS HON’BLE COURT MAY BE PLEASED TO quash and set aside the impugned order dated 20/08/2025 passed by the Chief Executive OfÏcer of Gujarat State Waqf Board (Annexure-A) and order dated 09/11/2025 passed by the OfÏce Superintendent of Waqf Board (Annexure-B) passed in pursuance to order dated 20/08/2025.

(B) Pending admission, hearing and final disposal of present petition THIS HON’BLE COURT MAY BE PLEASED TO stay execution, implementation and operation of the impugned order dated 20/08/2025 passed by the Chief Executive OfÏcer of Gujarat State Waqf Board (Annexure-A) and order dated 09/11/2025 passed by the OfÏce Superintendent of Waqf Board (Annexure-B), in the interest of justice and equity.

(C) THIS HON’BLE COURT MAY BE PLEASED TO award the costs of present petition.

(D) THIS HON’BLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice.”

4. Brief facts giving rise to the present petition are that, the "Sunni Muslim Masjid" was registered as "Trust" vide registration number B- 196-Valsad under the provisions of Bombay Public Trust Act. That, at the time of registration of the Trust, mode of appointment of Trustees was to be appointed by the Sunni Muslims of Vapi, however, subsequently, the Trust/Waqf was renamed as Muslim Sunnat Jamat, Jama Masjid and Muslim's Qabrastan. That, subsequently, on 01.01.1996 the Waqf Act, 1995 came into force, whereby, the Trust which was originally a waqf, was deemed to be registered under Section 43 of the Act and thereby, came under the control and supervision of the Waqf Board, whereas, the registration number and other particulars remained same. That, in 2006, the Change Report No. 505/2006 came to be filed before the Waqf Board for seeking modification of the scheme of the Trust/Waqf, particularly with regard to mode of appointment of the Trustees/Mutawallis and as per the said proposed scheme, the Trustees/Mutawallis would be appointed only from the families of

(i) Abdul Karim Kesarkhan, (ii) Mohammad Ismail Patel, (iii) Ismail Fakir Boga, (iv) Husain Fakir Popat and (v) Haji Latif Ismail Memon (hereinafter collectively referred to as "aforesaid five families" in short).

That, though the Trust/Waqf was established and dedicated for all Sunni Muslims of Vapi, the said proposal effectively converted it into a family Trust/Waqf of the aforesaid five families. Nevertheless, the Respondent No.1-Waqf Board, vide order dated 07/12/2006, allowed the said Change Report and approved the modification of the scheme and ultimately, the said modification of scheme was opposed and controverted by the many Muslims of Vapi including the members of aforesaid five families.

4.1 It is the case of the petitioners that, the petitioner No. 1 filed Change Report No. 403/2018 before the Waqf Board for removal of existing Trustees/Mutawallis, including himself and appointment of six new Trustees/Mutawallis, including the respondent Nos. 2, 5 and 6, against which, the petitioner Nos. 2 and 3 filed objections dated 16/04/2019 contending that the appointments proposed therein were not made by the Sunni Muslims of Vapi as required. Accordingly, a general meeting was held on 04/10/2020, wherein a resolution was passed to appoint the petitioners and 14 others, including members from the aforesaid families. That, in pursuance to the aforesaid meeting and resolution, the petitioner No. 1 filed Change Report No. 512/2020 for appoin

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