The Karnataka High Court has clarified that while the Waqf Act, 1995, does not stipulate a specific timeframe for filing Revision Petitions, the High Court of Karnataka Rules, 1959, dictate that such petitions must be submitted within ninety days from the date of the order.

The Bench of Justice G Basavaraja said, "Though there is no specific period fixed for preferring the Revision Petition under the Waqf Act, 1995, in view of the aforementioned provisions of the High Court of Karnataka Rules, 1959, petitions to revise the order or proceedings of any court for which no period of limitation is prescribed by any applicable law shall be presented to the High Court within a period of ninety days from the date of the order complained of."

This ruling came in response to a recent case where the Court addressed the issue of timing for preferring Revision Petitions under the Waqf Act. The Court emphasized that adherence to the prescribed timeframe outlined in the rules is mandatory for Petitioners seeking to revise Court Orders or proceedings.

The Petition was filed under Section 83(9) of the Auqaf Act, seeking to set aside an order passed by the Karnataka Waqf Tribunal.

The Petitioner Syed Mohammed Husaain, contended that being an octogenarian meant suffering from various ailments, which hindered his ability to travel easily and frequently. He who was also Muthawali of Darga Hazrath Syed Shamsalam Hussaini in Raichur, mentioned that during the COVID-19 pandemic during 2020–2022, he was advised to exercise caution when traveling due to his age. He also contended his lack of awareness regarding the provision for filing a Revision Petition and stated that the delay was unintentional and beyond his control due to his health condition.

On the other hand, the Respondent contended that the Application filed by Hussain was not maintainable on legal or factual grounds. It argued that the reasons provided by the Petitioner were false and baseless, created solely for the purpose of filing the case. Additionally, it highlighted another Application filed by Hussain challenging a previous order, which was dismissed by the Waqf Tribunal.

After considering the arguments and evidence presented, the Court ruled that the delay of 593 days was not justified and dismissed the Revision Petition."Viewed from any angle, the petitioner has not placed any sufficient cause to condone the inordinate delay of 593 days, excluding the COVID-19 pandemic period," it said.

The Court also emphasized that Hussain had not appointed a Power of Attorney to prosecute the case and had not taken timely action against the impugned order. Accordingly, the Revision Petition was dismissed.

Cause Title: Syed Mohammed Hussain v. The Karnataka State Board of Waqf and Ors. [CIVIL REVISION PETITION NO. 200099 OF 2023]

Appearance:

Petitioner: Advocates Deshpande G. V., Ananth S. Jahagirdar, Ganesh S. Kalaburagi

Respondent: Advocates Liyaqat Fareed Ustad, Syed Javeeda Haq, Gopalkrishna B. Yadav (HCGP)

Click here to read/download the Order



Justice G BasavarajaKarnataka High Court

Sukriti Mishra