SYED MOHAMMED HUSSAIN AND THE KARNATAKA STATE BOARD OF AUQAF & OTHERS, CITATION NO: 2024 (KAR) 157

SYED MOHAMMED HUSSAIN AND THE KARNATAKA STATE BOARD OF AUQAF & OTHERS, CITATION NO: 2024 (KAR) 157

FACTS- In this case, one Syed Mohammed Hussain who had filed the application under Section 5 of the Limitation Act seeking to condone delay of 593 days in filing this Revision Petition in assailing the order dated 17th August, 2019 passed by the Presiding Officer, Karnataka Waqf Tribunal, Kalaburagi.To justify the delay, the petitioner argued that he is an octogenarian suffering from various ailments because of which he cannot travel frequently. Further, there was COVID-19 pandemic during 2020-2022 and considering his age, he was required to be more cautious and was not advised to travel. The medical records of the revision petitioner were enclosed with the application.The respondent no 3 (Syed Ashraf Raza) argued that the limit prescribed under the Limitation Act to prefer revision before the High Court is only ninety days from the date of the order impugned passed by the Karnataka Waqf Tribunal. Even excluding the COVID-19 pandemic period, there is a delay of 593 days in filing the revision petition, it was argued.

ISSUE-Whether Limitation Act applicable on the order of Waqf Board?

OBSERVATION-The bench referred to Rule 6 of Chapter-VII of High Court of Karnataka Rules, 1959. The Karnataka High Court has held that though there is no specific period fixed for preferring the Revision petition under the Waqf Act, 1995 however, as per provisions of the High Court of Karnataka Rules, 1959, petitions to revise the order or proceedings of any court shall be presented to the High Court within a period of ninety days from the date of the order.In computing this period, the provisions of Section 12 of the Indian Limitation Act shall apply.Accordingly, it dismissed the petition.