GOLAM MUSTAFA HAIDARI Vs. SAYEED SHEKH

JUDGEMENT

(1.) The Board of Wakfs, the opposite party no.2, adopted a certain a resolution dated February 10, 2010. It was confirmed in its subsequent meeting dated February 25, 2010. According to the petitioners, they had no knowledge of such resolutions till June 11, 2010. An application for certified copy of the resolutions dated February 10, 2010 and February 25, 2010 was made on June 14, 2010. The certified copies of the resolutions were furnished to the petitioners on June 22, 2010.

(2.) The petitioners felt aggrieved by the said resolutions and wished to challenge the same before the Tribunal constituted under Section 83(1) of the Wakf Act, 1995 (hereafter the Act). They, accordingly, applied before the Tribunal under sub-section (2) of Section 83 thereof. Sub-section (2) prescribes that an application thereunder is to be made within the time specified in the Act or where no such time has been specified, within such time as may be prescribed. 'Prescribed' in terms of Section 2(l) of the Act, except in Chapter III thereof, would mean prescribed by rules made by the State Government. The West Bengal Wakf Rules, 2001, framed by the State Government in terms of Section 190 of the Act provides in Rule 26 as follows :

(3.) Since 30 days had lapsed even from the date of the confirming resolution dated February 25, 2010, the petitioners filed an application under Section 95 of the Act before the Tribunal seeking condonation of delay in presentation of the application under Section 83(20 thereof. Section 95 of the Act confers power on the appellate authority to entertain an appeal after expiry of the specified period, provided it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period so specified.