The Allahabad High Court has asked a response from the Uttar Pradesh government to describe the authority under which the authority can seal a mosque, and whether it can be done without a prior notice. A bench composed of Justice Atul Sreedharan and Justice Siddharth Nanda held the UP Government to account while hearing a petition filed by Ahsan Ali, the livelaw reported.
According to the petitioner, he acquired lawful ownership of land in Bhopa village, Bhokarheri pargana, Jansath tehsil, via a registered sale deed executed in September 2019. He said that he had gathered funds for the construction of the mosque on the property but the state authorities sealed the properties. Given the circumstances, the petitioner asked the court to direct the authorities to unseal the property in question, the livelaw reported.
Furthermore, the petitioner asked the court to permit him to carry out construction and in accordance with the law, give permission to offer prayers on the property.
Meanwhile, the state asked time to gather instruction on the matter. The court granted it time and directed the state to obtain specific instructions of the three points. 1) When can the authority of law of state seal a place of worship? 2) Under what provision of law, if any, is prior permission from the State required in matters concerning a place of worship.
3) Whether any legal authority exists to seal a place of worship under construction without prior notice or affording the petitioner an opportunity to be heard.
Recently, the Allahabad High Court held that the mosque in question was illegally constructed on Gram Sabha land recorded as ‘khalihan’ in revenue records. However, it set aside the penalty imposed under the U.P. Revenue Code, 2006 on the current occupants, noting there was no material linking them to the construction and that they held no title, right or interest in the property.
Authorities initiated proceedings under the U.P. Revenue Code, 2006, directing the petitioners to show cause why they should not be evicted from the Gram Sabha land on which the mosque was allegedly constructed illegally.Allahabad High Court seeks response from UP government over mosque sealing without notice
