WAQF RAUZAJAT QADEEM AND JADEED SYED SALAR MASOOD GHAZI @ BALEY MIAN WAQF NO. 129 AND ANOTHER Vs. DISTRICT MAGISTRATE, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) HEARD Sri M.A. Qadeer, learned counsel for the petitioners and Sri H.N. Singh, learned counsel for respondents No. 5 and 6. In our opinion the petition can be disposed off on a short point.

(2.) IT is alleged in paragraph 26 of the writ petition that the impugned order dated 6.5.1998 was passed without giving an opportunity of hearing to the petitioner. In reply to this averment, it has been stated in paragraph 42 of the counter affidavit that notice was issued to the petitioner No. 2 and he was heard before the order was passed by the District Magistrate. Paragraph 42 of the counter affidavit has been sworn on legal advice. Hence in our opinion it is to be ignored and the allegation in para. 26 of the writ petition is to be treated as unrebutted. Since the impugned order has civil consequences before passing the said order opportunity of hearing had to be given. Since no opportunity of hearing was given to the petitioner, we quash the order dated 6.5.1998, but it will be open to the authority concerned to pass a fresh order after giving opportunity of hearing to the petitioner. The petition is allowed.