ATHAR Vs. DISTRICT MAGISTRATE, BIJNORE AND 3 OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and Dr. D. K. Tiwari, the learned counsel appearing for the respondent no. 3.

(2.) The petitioner contends that the Mutwalli has wrongly made a complaint before the District Magistrate with regard to the encroachment made by the petitioners. The petitioner further contends that they have made no such encroachment and in any case, the District Magistrate has no authority in law to consider such complaint inasmuch as the authority to consider such complaint is the Chief Executive Officer appointed under Section 54 of the Waqf Act. In this regard, the petitioner has filed an objection, which is pending consideration before the District Magistrate.

(3.) The contention of the petitioner is that without considering the objection made by the petitioner, the District Magistrate is taking steps to evict them.