Case Note & Summary
The appellant, Mohammad Hanif Mohammad Shafi Kapadwala, as mutawalli of Fatema Waqf in Vadodara, filed a first appeal before the Gujarat High Court challenging an order dated 03.10.2025 passed by the Gujarat State Waqf Tribunal. The Tribunal had rejected the appellant's application for framing a scheme under Section 69 of the Waqf Act, 1995, and set aside Resolution No. 18(2) dated 14.12.2024 passed by the Gujarat State Waqf Board. The appellant sought to modify the scheme to provide that heirs of the trustee would be entitled to be appointed as trustees and administrators. The appellant argued that the Tribunal overlooked Section 69 of the Act. The High Court, after hearing the appellant's counsel, considered the submissions and found no merit in the appeal. The court held that the Tribunal had correctly exercised its jurisdiction and that no interference was warranted. The appeal was dismissed, and the connected civil application was also disposed of.
Headnote
A) Waqf Law - Scheme Framing - Section 69 of the Waqf Act, 1995 - The appellant, mutawalli of a waqf, sought framing of a scheme to include heirs of the trustee as administrators. The Tribunal rejected the application and set aside the Board's resolution. The High Court found no error in the Tribunal's order and dismissed the appeal, holding that the Tribunal had correctly exercised its powers under Section 69. (Paras 1-4)
Issue of Consideration
Whether the Gujarat State Waqf Tribunal erred in rejecting the application for framing a scheme under Section 69 of the Waqf Act, 1995, and setting aside the Board's resolution dated 14.12.2024.
Final Decision
The High Court dismissed the appeal, finding no merit, and upheld the Tribunal's order dated 03.10.2025. The connected civil application was also disposed of.
Law Points
- Section 69 of the Waqf Act
- 1995
- Scheme framing
- Waqf Tribunal jurisdiction
- Mutawalli appointment
- Heirs of trustee
Case Details
R/FIRST APPEAL NO. 212 of 2026
Mohammad Hanif Mohammad Shafi Kapadwala Mutawalli of Fatema Waqf, Vadodara
Gujarat State Waqf Board & Ors.
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Nature of Litigation
First appeal against order of Gujarat State Waqf Tribunal rejecting application for framing a scheme under Section 69 of the Waqf Act, 1995.
Remedy Sought
Appellant sought to set aside the Tribunal's order and allow the scheme framing application.
Filing Reason
Appellant challenged the Tribunal's order dated 03.10.2025 which rejected his application for framing a scheme and set aside the Board's resolution dated 14.12.2024.
Previous Decisions
The Gujarat State Waqf Board passed Resolution No. 18(2) dated 14.12.2024 approving a scheme. The Tribunal set aside this resolution and rejected the appellant's application for framing a scheme.
Issues
Whether the Tribunal erred in rejecting the application for framing a scheme under Section 69 of the Waqf Act, 1995.
Submissions/Arguments
Appellant argued that the Tribunal overlooked Section 69 of the Waqf Act and that the Board had approved the scheme after due consideration.
Appellant contended that the only modification proposed was to allow heirs of the trustee to be appointed as trustees and administrators.
Ratio Decidendi
The Tribunal correctly exercised its jurisdiction under Section 69 of the Waqf Act, 1995, and no interference was warranted.
Judgment Excerpts
This appeal is filed by the present appellant–original respondent challenging the order dated 03.10.2025 passed by the Gujarat State Waqf Tribunal, whereby the application filed by the present appellant for framing a scheme under Section 69 of the Waqf Act was rejected and the order dated 14.12.2024 passed by the Waqf Board was set aside.
Having considered the submissions made by the learned advocate Mr. Jarjiskhan for the appellant and on perusal of the impugned order, this Court is of the opinion that no error is committed by the learned Tribunal while passing the impugned order.
Procedural History
The appellant filed an application before the Gujarat State Waqf Board for framing a scheme under Section 69 of the Waqf Act. The Board passed Resolution No. 18(2) dated 14.12.2024 approving the scheme. The respondent challenged this resolution before the Gujarat State Waqf Tribunal, which by order dated 03.10.2025 set aside the resolution and rejected the appellant's application. The appellant then filed the present first appeal before the High Court of Gujarat.
Acts & Sections
