Allahabad HC dismisses PIL challenging Sambhal mosque notice

Allahabad HC rejects PIL against Sambhal tehsildar’s notice to mosque constructed on graveyard

The Allahabad High Court on August 6 dismissed a public interest litigation that challenged a show-cause notice issued to a mosque built on land recorded as 'qabristan' (graveyard) in Sambhal. Justice Alok…

The Story in Brief

The Allahabad High Court on August 6 dismissed a public interest litigation that challenged a show-cause notice issued to a mosque built on land recorded as 'qabristan' (graveyard) in Sambhal. Justice Alok Mathur said the petitioner, Afsaar, could raise his defence before the Assistant Collector or Tehsildar in response to the notice under Section 67 of the UP Revenue Code.

The court noted the petitioner was not in possession of the mosque and found no grounds to interfere under Article 226 of the Constitution. The notice had asked why the petitioner should not be evicted for illegal encroachment of Gaon Sabha land. The court held the notice was not shown to be illegal or arbitrary.

The Indian Opinion

Some will frame this as a religious dispute, but the court only ruled on procedure, not on the mosque's legitimacy. The notice is a show-cause, not an eviction order. The real test will be the Tehsildar's final order: will it rely solely on revenue entries or also consider longstanding possession? That decision, not this PIL dismissal, will determine the actual outcome.


Source: barandbench.com

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