The Allahabad High Court on Friday extended its interim order restraining authorities from demolishing the Medina Masjid in Fatehpur, Uttar Pradesh, until the next hearing scheduled in July.
Justice Manish Nigam had earlier stayed the demolition on April 17, directing the state government to file its reply. As the pleadings were not concluded during the hearing on May 23, the court listed the matter for the third week of July and extended the interim relief granted to the mosque.
The petition was filed by Haider Ali, president of the Waqf Sunni Madina Masjid Committee, challenging the demolition order issued by district revenue officials under Section 67(5) of the U.P. Revenue Code, 2006, pertaining to alleged illegal encroachment on Gram Sabha land.
Ali’s counsel, S.F.A. Naqvi, argued that the order of demolition was passed without adhering to the principles laid down in the High Court’s judgment in Rishipal & Ors vs State of U.P. (Writ No. 1192 of 2013). He contended that the proceedings were concluded hastily within 26 days, denying the petitioner a fair opportunity to present evidence in support of his case.
Naqvi further submitted that the authorities failed to address the objections raised by the petitioner and issued the demolition order solely on the ground of alleged encroachment. He also pointed out that the appeal against the order had already been rejected without proper adjudication.
Taking note of these submissions, the court observed:
“It has been further contended by learned counsel for the petitioner that while deciding the proceedings under Section 67 of the U.P. Revenue Code, 2006, no finding has been recorded on the objections raised by the petitioner and order has been passed merely on the basis that the petitioner has encroached upon the land of the Gram Sabha.”
The matter will now be heard in the third week of July, and the interim protection from demolition remains in force until then.
