GRADUATE SCHOOL OF BUSINESS ADMINISTRATION (GSBA) TRUST THROUGH ITS TRUSTEE, PERMANENT MEMBER OF EXECUTIVE COMMITTEE, MOHD. YUNUS S/O. SHRI MOHD. YUSUF Vs. SUB DIVISIONAL MAGISTRATE/JOINT MAGISTRATE AND DR. P.L. MAGGU S/O. LATE SHIR K.R. MAGGU

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY means of this petition, the Petitioner has sought writ in the nature of certiorari quashing the impugned order dated 30.10.2010 passed by Sub Divisional Magistrate Roorkee, whereby the S.D.M./Up Zila Adhikari has directed jointly to Tehsildar and Station Officer police station concerned that if any person, who has not been appointed by the said Trust and is not having an appointment letter, creates hindrance in the working of the Institute, restrain the management and employees to enter in the Institute, in that event, action be taken in accordance with law in order to maintain peace. It was also directed to remove the persons who are illegally working in the Institute.

(3.) LEARNED Counsel appearing for the Petitioner has vehemently argued that the learned Sub Divisional Magistrate/Up Zila Adhikari has exceeded his jurisdiction by passing the impugned order and has exercised the power of civil court by directing the Tehsildar and S.O. concerned to remove those persons who are illegally working in the Institute.