Telangana High Court
Telangana State Waqf Board vs G.Ramakishan on 17 April, 2023
Bench: Ujjal Bhuyan, N.Tukaramji
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:
"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
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.
6. 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
