In a writ petition seeking quashing of an order and directions to protect mosque construction, the Allahabad High Court dismissed the petition, holding that writ jurisdiction cannot prevent authorities from exercising powers in accordance with law to determine land title and necessary steps.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:47991-DB
Court No. - 3
Case :- WRIT - C No. - 6075 of 2024 Petitioner :- Jabir Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue U.P. Lko. And Others Counsel for Petitioner :- Manvesh Vats,Nilesh Kumar Dubey,Vaani Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents.
2. This petition has been filed with the following main prayer:-
"Issue a writ or direction in the nature of Certiorari, quashing the undated impugned order passed by opposite party no. 3 as contained in Annexure No.5 to this writ petition.
Issue a writ or direction in the nature of Mandamus, commanding the opposite parties to not to disturb the peaceful possession and construction/ renovation of the said Masjid which is situated at Gata No.1068, area 0.987 Hectare situated at Village Joddagga Pokhara (Tulsipur Dehat) Pargana/Tehsil Tulsipur District- Balrampur on his own land."
3. It is the case of the petitioner that he owns a land, which is his own bhumidhari. The petitioner wishes to construct a Mosque over it. Nearly half of the construction is over and some person who was aggrieved by the same has made a complaint, on which revenue ofÏcials were directed to conduct an enquiry.
4. A report has been submitted on 01.05.2024 regarding the construction of Mosque being underway on the bhumidari land of the petitioner. However, the Sub Divisional Magistrate has directed for a fresh enquiry to be conducted in the matter.
5. The petitioner's grievance is that no fresh enquiry is required.
6. It is for the Sub Divisional Magistrate to satisfy himself as to whether the land actually belongs to the petitioner and as to whether necessary steps have been taken before the such construction is being raised by the petitioner.
7. We cannot, while sitting in Writ jurisdiction, prevent Authorities from exercising their power which they are exercising only in accordance with law.
8. The writ petition stands dismissed .
Order Date :- 16.7.2024 Rahul
Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court in writ jurisdiction could have prevented the authorities from exercising their statutory power regarding the land dispute.
Jabir
State Of U.P.
Sangeeta Chandra
Shree Prakash Singh
As recorded by the court registry
2 orders share this CNR
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