VAHEED KHAN Vs. PRABANDH SAMITI WAQF MASJID MURWAS

JUDGEMENT

(1.) Petitioners have approached this Court challenging the order of eviction passed by the CEO of Waqf Board dated 18/07/2013 on grounds of violation of principles of natural justice as well as on merits.

(2.) It is contended that without service of notice on petitioners and affording opportunity of hearing, eviction order has been passed behind the back of the petitioners. It was only at the time of execution of the order petitioners came to know about the aforesaid impugned order. Thereafter petitioners obtained certified copy of the record of the case and upon examination it has been found that no service in fact was ever sought to be effected through notices, instead all notices are shown to have been sought to be served on the same date with identical matters and thereafter endorsement of the Process Server. It is alleged that the notices were not received. It is also submitted that perusal of the order sheets before the CEO reflects that proceedings have been conducted in a hot haste. Consequently, it is submitted that impugned order for the aforesaid reasons cannot be sustained in the eyes of law and deserves to be quashed.

(3.) On notices, respondents have entered appearance. They denied the allegations of non - service of notices and justified the impugned order.