Prayagraj, Sep 11 The Allahabad High Court on Friday asked the Uttar Pradesh government to file a counter affidavit within three weeks on a writ petition against the demolition of a mosque situated in the collectorate premises at Saharanpur.
Justice Rohit Ranjan Agarwal fixed October 12 for the next date of hearing, and stayed the realisation of a fine of Rs six crore from the mosque management till then.
The order was passed on the petition by advocate Mohammad Tanveer Ahmad challenging a direction of the city magistrate, Saharanpur on July 16 as well as the order of district judge, Saharanpur on September 2.
In the petition, the Uttar Pradesh government through the district magistrate, Saharanpur as well as Abdul Hamid, manager/maulavi of the mosque have been made respondents.
The city magistrate, through an order passed under the Uttar Pradesh Public Premises (Eviction and Unauthorised Occupants) Act 1972 on July 16, directed demolition of the 315 square-metre mosque in the collectorate premises and imposed a fine of Rs 6.41 crore on its management.
An appeal was filed against the magistrate's order in the district court. However, the district judge dismissed the appeal on September 2, following which the authorities demolished the mosque on September 5.
Appearing on behalf of petitioner, senior advocate Ashish Kumar Singh submitted that the order of eviction was passed without ascertaining the title, though the name of Wahid Khan and Yaqub Khan was recorded on the property.
On other hand, Additional Advocate General Manish Goel opposed the petition saying that the petitioner himself had pleaded that the mosque is a waqf property and the Sunni Central board has not been made parties.
Thus the stand of the petitioner is contrary as on the one hand he pleaded that the property is of the zamindar and on other hand that property is of waqf but there is nothing about dedication to waqf, he argued.
Goel said that the property is recorded in the name of collectorate katchery. It is alleged in the petition that in the documents the property in dispute was recorded in the name of one Wahid khan. However in 1956 it was recorded in the name of Wahid Khan, collectorate katchery and one Yaqub Khan.
He submitted that this was not considered by authorities and passed an order impugned by saying that the entries are fraudulent and further that no document of ownership was produced.
It was also submitted that the appellate court wrongly held that the land was under the ownership of the federal government in the British period and thereafter it vested in the state. It was also submitted that the mosque is registered in the waqf register but this was not given consideration.
