Allahabad HC extends interim order restraining demolition of Medina Masjid at Fatehpur

Prayagraj: The Allahabad High Court on Friday extended its interim order restraining authorities not to demolish the Medina Masjid at Fatehpur till the next hearing in July.

On April 17, Justice Manish Nigam had stayed the demolition till May 23, seeking a reply from the state government.

On Friday, as pleadings were not completed when the matter was taken up, Justice Nigam ordered listing of the matter in the third week of July and extended the interim stay.

The petition was filed by Haider Ali, president of Waqf Sunni Madina Masjid Committee, against an order passed by district revenue authorities in proceedings under Section 67(5) of the U.P. Revenue Code, 2006 (illegal encroachment on Gram Sabha land).

Ali claimed that the demolition order was passed merely on the basis that he has encroached upon the land of the Gram Sabha.

The petitioner's counsel S F A Naqvi argued that in proceedings under Section 67 of the U.P. Revenue Code, 2006, the order was passed last August against Ali without complying the mandate of the judgment passed in case of Rishipal and others vs. State of U.P. and others in writ no. 1192 of 2013.

Naqvi further contended that the entire proceedings were concluded within 26 days and no opportunity was granted to the petitioner to file evidence in support of his case.

Passing the interim order, the court said, "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. Appeal filed by the petitioner has also been rejected."