S.D.Agarwala - (1.) THIS is a petition under Article 226 of the Constitute of India.
(2.) THE petitioner carries on the business of shoes. Respondent no. 3 is the Mutwalli of the mosque, which is a waqf property. THE petitioner and respondent no. 3 entered into an agreement on 30th April, 1981. It has been attached as Annexure ' I ' to this petition. In pursuance of this agreement, the petitioner entered into possession of the kothri in dispute and started his business therefrom. On 8th May, 1981, respondent no. 3 made an application to the City Magistrate, Allahabad, stating therein that the petitioner was in unauthorised occupation of the kothri and, as such, he may be evicted from the said kothri. On that very day, the City Magistrate passed the following order :- " Let the shop be locked. Sri Munna be evicted as he has entered without any authority ". It is this order which has been impugned in the present petition.
(3.) LEARNED counsel for the petitioner states that there was no proceedings pending before the City Magistrate under the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the order has been passed by the City Magistrate, Allahabad, merely on the basis of the application moved by the respondent no. 3 and, as such, it is stated that the order is without jurisdiction. In reply on behalf of the respondent no. 3, it has been urged that, actually, the City Magistrate is exercising the power conferred on him under section 57-A of the U. P. Muslim Waqfs Act, 1960, and, consequently, the order is a valid order in the eye of law.;