Court No. - 9
Case :- CIVIL REVISION No. - 176 of 2019 Revisionist :- Mahe Alam Opposite Party :- State Of U.P. And 5 Others Counsel for Revisionist :- Santosh Kumar Srivastava Counsel for Opposite Party :- Punit Kumar Gupta
Hon'ble Jayant Banerji,J.
Heard Sri Santosh Kumar Srivastava, learned counsel for the revisionist and Ms. Poorva Agrawal, learned counsel holding brief of Sri Punit Kumar Gupta, appearing for the respondent nos. 2 and 3. Learned Standing Counsel appears for the respondent no.1.
At the outset, learned counsel for the respondent nos. 2 and 3 has raised a preliminary objection that the order impugned dated 27.8.2019, passed by the U.P. Sunni Central Waqf Board is an order made under the Waqf Act, 1995 by the revisionist who claims himself to be Mutawalli and as such, under the provisions of sub-section (2) of Section 83 of the Waqf Act, 1995, the order can be challenged before the Tribunal that has been constituted by the State Government.
In reply to the preliminary objection, learned counsel for the revisionist has stated that the court has rejected his application for extension of time that was filed under Section 60 of the Waqf Act and against that order, no appeal is provided and hence this revision has been filed.
The contention of the learned counsel for the revisionist that no proceedings will lie before the Tribunal against the order rejecting his application for extension of time does not appears to be correct. Sub-section (2) of Section 83 of the Waqf Act provides that any mutawalli person interested in a waqf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in that Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the waqf.
Therefore, the objection raised by the learned counsel appearing for the respondents appears to be correct.
Accordingly, this Court declines to interfere in this revision and this revision is dismissed.
Order Date :- 28.11.2019 sfa/ Digitally signed by Justice Jayant Banerji Date: 2019.11.28 17:55:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad