Limitation period to file a WP under wakf act

Querist : Anonymous (Querist) 12 June 2010 This query is : Resolved
Hello dear sir,
One of my relative(Applicant) had filed a suit in 1995 and prayed for to set aside the registration certificate issued by the wakf board,bangalore.The wakf board is only a party as defendant.The court returned the plaint for want of jurisdiction.Further the applicant presented the plaint before wakf tribunal.The Wakf Tribunal ordered that the suit of the plaintiff is decreed and the registration certificate is set aside.The order was in May 2009.
Now the petitioner who is not a party to thesuit had filed a writ petition in Aug 2009and prayed for
1.To set aside the order and decree of Wakf Tribunal.
2.To pass an order of remand directing the Wakf Tribunal to hold fresh trial impleading the petitioner as defendant being a necessary party.
(NOTE: Still the W.P ispending for admission)
CLARIFICATIONS:
A) UNDER THESE CIRCUMSTANCES WHETHER THE PETITIONER WHO IS NOT A PARTY CAN FILE THE
W.P ?
B)AT THIS STAGE CAN THE HON.HIGH COURT
CONSIDER HIS PRAYER TO IMPLEAD HIM A PARTY AS DEFENDANT ?
C)WHAT IS THE LIMITATION PERIOD TO FILE A W.P UNDER THE WAKF ACT 1995 ?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 12 June 2010
You have not clearified who was applicant originally and who is petitioner now.
The writ juridiction is fundamental right hence no limitation if delay is explained.The WP will be considered by HC if illegality and injudtice are shown.

Raj Kumar Makkad (Expert) 12 June 2010
There is no limitation to file writ petition and because the sufferer has not been impleaded the party to the petition decided at his back by Wakf Tribunal such person has every legal right to be heard. No person can he condemned unheard. High Court can very well direct the tribunal to decide the petition afresh after hearing the petitioner/allottee.

Querist : Anonymous (Querist) 17 June 2010
Thakyou very much sir

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