MOHYD. IDRIS Vs. UTTARANCHAL WAKF BOARD
HIGH COURT OF UTTARAKHAND
Uttaranchal Wakf Board
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(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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