JUDGMENT

H.N. Kapoor, J. - This revision has been filed against the final order dated Dec. 7, 1972 passed by Shri S.C. Rastogi City Magistrate in proceedings under section 133 Cr.P.C. ordering demolition of house No. 44/403 Nai Sarak, Kanpur, which is a waqf property of which Maqbool Husain is the mutwalli. The applicant was one of the three tenants in this building. The other two tenants were also the parties to the proceedings but they were not impleaded in this revision nor has the State has been made a party which should have been done. The proceedings were initiated on the application of the opposite party on the ground that the building is a very old and in a dilapidated condition. A portion of the building had fallen down and the rest of it was likely to fall down endangering the public life. The learned Magistrate obtained a police report. He made an enquiry. He also inspected the site and then passed the impugned order.

2. One of the grounds taken in this revision is that no provisional order was passed. The Magistrate had passed the order dated September 4, 1971 on the basis of a report made by an Engineer produced by the opposite party and had been issued notice to all th