THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
I.A.No.2 of 2023
in/and
Writ Appeal No.47 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr.Abu Akram, learned Standing Counsel for
the petitioner / Telangana State Wakf Board and
Mr.P.Srinivasa Reddy, learned senior counsel for
respondent Nos.1 to 6 / writ petitioners and Mr.T.Srikanth
Reddy, learned Government Pleader for Revenue on behalf of respondent Nos.7 to 11.
2. I.A.No.2 of 2023 has been filed for condoning the delay of 436 days in filing the related writ appeal i.e., Writ Appeal No.47 of 2023 which has been filed against the order of the learned Single Judge dated 24.09.2021 passed in W.P.No.7009 of 2021.
3. The delay has been explained in the following manner:
2"34. I humbly submit that after obtaining a copy of the impugned order, the appellant herein has filed appeal vide SR No.37777/2022 by way of physical filing and the same was returned with office objections. Thereafter there was change of Standing Counsels of the appellant herein and during the transit of the bundles, the returned bundle was misplaced and the same could not be traced out. Now the present Standing Counsel again obtained certified copy of the order passed by the learned Single Judge and the present Appeal is being filed by way of Online filing as per the new guidelines issued. During the said process, there occurred a delay of 436 days in filing the related appeal and the said delay is neither wilful, nor wanton but due to the above said reasons only. If the delay in filing the appeal is not condoned, the petitioner / appellant would be put to great irreparable loss and prejudice.
35. I humbly submit that while filing the writ petition, the writ petitioners have shown the Inspector Auditor of the Wakf Board as a party to the proceedings, however, this petitioner / appellant is the proper party to the writ petition as such if the leave is not granted to this petitioner to file the present appeal, the 3 petitioner / appellant would be put to great irreparable loss and prejudice.
36. It is therefore prayed that this Court may be pleased to grant leave to the appellant herein to file the present appeal against the order dated 24.09.2021 passed in W.P.No.7009 of 2021 passed by the learned Single Judge of this Court and pass such other order or or4ders as this Court may deem fit and proper in the circumstances of the case."
4. From a perusal of the order passed by the learned Single Judge dated 24.09.2021, we find that Mr.Farah Azam Khan, learned Standing Counsel for the Wakf Board had appeared and argued the matter on behalf of Inspector Auditor (Wakf). However, it is stated that because of change of Standing Counsel, the concerned case bundle was misplaced and could not be traced out. Though, Inspector Auditor of the Wakf Board was made a party, it is the Wakf Board which is a necessary party.
5. On due consideration, we are of the view that on the basis of such inadequate pleadings, inordinate delay of 436 days cannot be condoned.
46. It is trite law that each and every day's delay is not required to be explained, but that does not mean that delay of over 400 days can be simply brushed aside with no substantive explanation at all.
7. That apart we have carefully gone through the order of the learned Single Judge dated 24.09.2021 and we find that the said order is basically reiteration of the earlier order dated 10.01.2020 passed by this Court in W.P.No.14094 of 2010 which has attained finality.
8. That being the position, we are not inclined to condone the delay. Consequently, I.A.No.2 of 2023 is dismissed. Resultantly, W.A.No.47 of 2023 is also dismissed.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N.TUKARAMJI, J 17.04.2023 MRM