The Hon’ble Gujarat High Court has pronounced an order (Civil Application No. 5650 of 2016) granting the applications filed by Syedna Taher Fakhruddin Saheb TUS and permitting Syedna Taher Fakhruddin Saheb TUS to be substituted in the place and stead of his predecessor Syedna Qutbuddin Saheb RA in pending petitions and dismissing Civil Application No. 4339 of 2016 filed by Shehzada Mufaddal Saifuddin. On 10.11.2016, all the applications were listed for pronouncement of judgment before the Hon’ble Gujarat High Court. The Judgement is available to view on the Gujarat High Court website
Syedna Qutbuddin Saheb sadly passed away in the USA on 30th March 2016. Upon his passing away, his successor Syedna Taher Fakhruddin Saheb filed applications before the Hon’ble Gujarat High Court praying for substitution as petitioner in his place. In the applications, Syedna Fakhruddin Saheb stated that immediately after the passing away of Syedna Qutbuddin Saheb, Shehzada Mufaddal Saifuddin and his men had filed applications/affidavits/purchis before Assistant Charity Commissioners with the objective of getting their Change Reports allowed ex-parte by falsely stating on oath that the Hon’ble Bombay High Court had dismissed the suit filed by Syedna Qutbuddin Saheb. Shehzada Mufaddal Saifuddin and his men were trying to take advantage of the passing away of Syedna Qutbuddin Saheb with the objective of getting their Change Reports allowed ex-parte.
Shehzada Mufaddal Saifuddin had also filed Civil Application No. 4339 of 2016 before the Hon’ble Gujarat High Court praying for an order that the petition filed by Syedna Qutbuddin Saheb be disposed of as abated and praying that the Charity Commissioners be directed to proceed with Change Reports.
Upon the sad passing away of the 52nd Dai al-Mutlaq of the Dawoodi Bohra community Syedna Mohammed Burhanuddin Saheb in January 2014, a succession dispute arose between Syedna Khuzaima Qutbuddin Saheb, Mazoon for 50 years and Shehzada Mufaddal Saifuddin. Syedna Qutbuddin Saheb filed a suit in the Hon’ble Bombay High Court for a declaration that he was the anointed successor of the 52nd Dai al-Mutlaq and, therefore, the 53rd Dai al-Mutlaq. Syedna Qutbuddin Saheb also filed petitions before the Hon’ble Gujarat High Court pertaining to a large number of Waqfs and Trusts of which the Dai is the Sole Trustee.
Syedna Taher Fakhruddin Saheb’s Chamber Summons in the Hon’ble Bombay High Court to be substituted as Plaintiff in the Suit filed by Syedna Qutbuddin is scheduled for hearing and final disposal by the Hon’ble Justice Shriram on the 7th of December 2016.
A large number of identical Change Reports are pending before Deputy/Assistant Charity Commissioners of 8 different districts of Gujarat. In each of the Change Reports, the change sought is for changing the name of sole trustee. Considering that all the Change Reports are identical, it is believed that all the proceedings should be transferred to one authority in order to avoid multiplicity of proceedings, for convenience and other reasons. In view of that, my Advocates have filed a petition before the Hon’ble High Court of Gujarat praying that all Change Reports be transferred and placed before one authority.
The matter was listed on 31.7.2014 and the Hon’ble Court has issued notice to all the Deputy/Assistant Charity Commissioners and also to Shehzada Mufaddal Saifuddin and Abdul Qadir Dr. Moiz Nooruddin. The order is reproduced hereinbelow:-
Click here to download PDF of Hon’ble Court Order
The Writ Petitions were listed before the Hon’ble Gujarat High Court on 20.6.14. My Senior Advocate expressed the urgency of the matter and requested the Court to direct the respondents to file reply soon in the 8 petitions that were filed on 9.5.14 and requested for an early hearing. The Hon’ble Court adjourned the above matters to 4.7.2014 and directed the Respondents to file their reply by then.
Click here to download PDF of Hon’ble Court Order
My advocates filed eight Writ Petitions before the Gujarat High Court being Special Civil Application Nos. 7289 to 7296 of 2014 on 8.5.2014. The earlier petitions being Special Civil Applications No. 5478 to 5485 of 2014 were filed challenging orders passed by Assistant Charity Commissioners of 7 districts and the Gujarat Wakf Board. The petitions filed on 8.5.2014 challenge orders passed by the Assistant Charity Commissioners of 7 other districts and allege a large scale violation of the principles of natural justice on the part of the authorities who have without giving a hearing and without issuing notices to me passed orders permitting Shehzada Mufaddal Saifuddin’s name to be entered as sole trustee of more than 125 public trusts. The matters were listed for hearing today.
The Hon’ble High Court of Gujarat has passed an order issuing notices to Shehzada Mufaddal Saifuddin and to the Assistant Charity Commissioners of 8 districts and has fixed the matters on 20.6.2014, the date on which the earlier petitions are also fixed.
The matters were listed for hearing today. The Advocate appearing for Shehzada Mufaddal Saifuddin sought time to file a reply. The matters have been adjourned to 5.5.2014.
Shehzada Mufaddal Saifuddin filed appeals (LPA) against the ad-interim orders passed by the learned Single Judge on the 16th April 2014 and the Hon’ble High Court of Gujarat passed the following order:
“After the matters are heard for some time, on consent being given by the learned Senior advocates Mr. Mihir Thakore and Mr. S.N. Soparkar for the respective parties, the ad-interim relief granted by the learned Single Judge on 16th April 2014 is hereby vacated. Learned Single Judge is requested to hear all these matters peremptorily on 25th April 2014, for which the learned senior advocates appearing for the parties before this court have assured that they will extend full cooperation to the learned Single Judge. All the Letters Patent Appeals stand disposed of along with the Civil Applications.”
The matter was listed for hearing today and the Hon’ble High Court of Gujarat has passed an ad-interim order restraining Shehzada Mufaddal Saifuddin, his agents and his servants from alienating, selling, transferring or dealing with in any manner the assets and properties of about 75 public trusts and 261 wakfs till the next returnable date. Order passed in Special Civil Application No. 5478 of 2014 is reproduced herein below:
“Notice returnable on 25.04.2014. Ad-interim relief in terms of paragraph no. 28(C)(ii) is granted till then. Direct service is permitted.”
My advocates filed eight Writ Petitions before the Gujarat High Court being Special Civil Application Nos. 5478 to 5485 of 2014, that allege a large scale violation of the principles of natural justice on the part of several Assistant Charity Commissioners and the Gujarat Wakf Board who have without giving a hearing and without issuing notices to him passed orders permitting Shehzada Mufaddal Saifuddin’s name to be entered as sole trustee of numerous public trusts believed to be exceeding 75 and wakfs exceeding 250 in number.