The Allahabad High Court on Saturday declined to pass any order to protect Sambhal’s Masjid Shareef Gosulbara Ravan Bujurg from planned demolition by the district authorities.

The request for interim protection of the mosque was made before Justice Dinesh Pathak after the judge declined to entertain a plea filed by the mosque management against an order passed by a Tehsildar for demolition of the mosque.

The management then sought permission to withdraw the plea with a liberty to avail alternate remedy of appeal under Section 67(5) of the UP Revenue Code, 2006 before the court competent of Collector. Further, it also prayed for an interim protection for the mosque.

However, the Court said, 

“In my opinion, it is open for the petitioners to move an appropriate application before the appellate court for the interim protection. Application moved on behalf of the petitioners, if any, shall be considered and decided by the appellate court, in accordance with law, on its own merits without being influenced with the order of the date passed by this Court.” 

The mosque is alleged to have been built on compost pit land/pond. The authorities had earlier temporarily agreed not to go ahead with its demolition after the mosque management sought four days to avail their legal remedies. 

Advocate Aravind Kumar Tripathi represented the petitioners. 

Additional Advocate General Sanjeev Singh, Chief Standing Counsel JN Maurya and Standing Counsel Ashish Mohan Srivastava appeared for the State.

[Read Order]