PATEL ABDULKAYYUM ISMAILBHAI Vs. GUJARAT STATE WAKF BOARD

JUDGEMENT

(1.) HEARD Shri Y. N. Ravani, learned advocate for the petitioner and Shri L. R. Pathan, learned advocate for the respondent No. 1 and Ms. Nasarin N. Shaikh, learned advocate for the respondent Nos. 2 to 11.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioner-original appellant has prayed for an appropriate writ, direction and / or order quashing and setting aside the order passed by the learned Principal Senior Civil Judge, Bharuch dated 31. 7. 2008 passed below Exh. 1 in Condonation Application No. 95 of 2007 in rejecting the said application and not condoning the delay of 219 days in preferring the appeal challenging the order passed by the Wakf Board.

(3.) IT appears that there was delay in preferring the appeal against the permission granted by the Wakf Board, petitioner preferred appeal before the Tribunal constituted under the Wakf Act or the learned Principal Senior Civil Judge, Bharuch that there was a delay in preferring the appeal the petitioner-appellant submitted the delay condonation application No. 95 of 2007 and requested to condone the delay in preferring the appeal. However, the learned Principal Senior Civil Judge, Bharuch by impugned order dated 31. 7. 2008 dismissed the said application by observing that considering Section 51 of the Wakf Act appeal is not maintainable.