Decided on February 21,2013

Mohyd. Idris Appellant
Uttaranchal Wakf Board Respondents


- (1.) THIS revision is directed against the judgment and order dated 28.11.2008 passed by the Wakf Tribunal/District Judge, Almora in Misc. Civil Case No.20 of 2006 Mohd. Idris alias Idris Baba v. Uttaranchal Wakf Board, whereby the District Judge has dismissed the appeal/application of the revisionist on the ground that the appeal has been filed beyond the prescribed period of limitation i.e. within a month from the date of passing of the impugned order.
(2.) BY a perusal of the impugned order, it reveals that the order which was passed on the application u/S. 83(2) of the Wakf Act, moved by the petitioner challenging the letter No.043/UWB/06-07 dated 31.5.2006, was filed before the Wakf Tribunal. It appears that Sri Sheikh Saleem Ahmed was appointed Mutawalli vide order dated 4.3.2006 by the Board and a direction was given to the revisionist to hand over the charge to the newly appointed Mutawalli. So far as the direction of the District Judge is concerned that the revisionist ought to have approached the tribunal u/S. 64(4) of the Wakf Act, is a perverse finding since the revisionist was not removed u/S. 64 of the said Act. Therefore, the provision of section 64 is not applicable in the case at hand.
(3.) NOW , it is to be seen as to whether the application which was moved by the revisionist u/S. 83(2) of the Act is maintainable before the Wakf Tribunal or not.;

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