Dilip B. Bhosale, C.J.

1. This petition, in the public interest, under Article 226 of the Constitution of India, has been instituted by an Advocate practicing in this Court seeking a direction commanding the official respondents to immediately remove the encroachment made on a plot of land allotted to the High Court and Advocate General's office, bearing Nazul Plot No. 59, Civil Station, Allahabad, measuring 8019.57 Sq. Meters (for short the plot). The allegation of encroachment was initially made against an unknown person, who subsequently was identified as the respondent no. 7-Waqf. It is stated that respondent no. 7 has recently constructed a Masjid on the portion of the plot, towards its south-west corner, measuring about 100" x 50" known as Masjid High Court, hereinafter referred to as the site in dispute. Respondent no. 7 is a registered Waqf, bearing No. 3155-Allahabad and it is represented through its President-Managing Committee.

2. The questions raised and which fall for our consideration are:

(i) Whether respondent no. 7 has encroached on the site in dispute