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2025 DAILYLAW 159166 (ALL)

KHALIL ANSARI v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 2 OTHERS

WRIC/8108/2025 · 2025-08-27

Brij Raj Singh, Sangeeta Chandra

Special Leave Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8108 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents and perused the record. 2. This writ petition has been filed by petitioner with following main prayer: "(i). Issue a writ, order or direction in the nature of mandamus thereby directing the opposite party to decide the representation after according the benefits of the petitioner ; (ii). issue a writ, order or direction in the nature of mandamus thereby directing the respondents to allot suitable alternative land in Village Krishna Nagar or nearby locality for the construction of a mosque for offering namaz by the muslim community." 3. It is the case of the petitioner that the petitioner is the Mutwalli of Raza-a- Mustafa Masjid Committee situated in Krishna Nagar Colony, Police Station Sampoornanagar, District Lakhimpur Khiri. The police authorities had demolished the Mosque situated at Village Sampoornanagar, Krishna Nagar Colony on 19.05.2023. 4. The petitioner had approached before this Court in Writ Petition No.11326 of 2023 which was dismissed on 02.01.2024 as there was no registered gift deed of the land which was public land, in favour of the petitioner. 5. The petitioner challenged the said order before the Supreme Court in Special Leave Petition No.14188 of 2024 which was disposed of by the Supreme Court on 08.07.2024 with the observation that the petitioner can move an application before the District Administration for allocation of land at a suitable location for conducting prayers by him. Versus Counsel for Petitioner(s) : Zia Ur Rehman Counsel for Respondent(s) : C.S.C. Khalil Ansari .....Petitioner(s) State Of U.P. Thru. Secy. Revenue Lko. And 2 Others .....Respondent(s) 6. The petitioner has made a representation in this regard to the District Magistrate, Lakhimpur Khiri, copy of which has been sent to the Sub- Divisional Officer also but no heed has been paid hence, this writ petition has been filed. 7. Learned Standing Counsel has produced before this court copy of instructions sent by Sub Divisional Magistrate, Paliya, Khiri dated 25.08.2025, which is taken on record, wherein it has been stated that the recorded tenure holder Harkaranjeet Singh of Gata No.222 Ka/3.582 had been handed over his land after demolition of the illegal Masjid. Gata No.222 Minzumla/0.845 hectare is recorded as Navin parti land on which the petitioner set up a temporary Masjid/hutment where prayers were being done. 8. The Gaon Sabha approached the Area Lekhpal and the Revenue Inspector regarding illegal construction of wall in Navin Parti land. The said wall has been demolished in the presence of villagers. 9. The petitioner's application that there is no land on which he can conduct prayers for the Namajis can be considered only, if there is any land available in Gram Krishna Nagar Colony. It has been further stated that adjacent to Gram Krishna Nagar Colony is Gram Singahi Khurd and Basahi Colony where a Mosque is already situated, which is at a walking distance from the Village of the petitioner and which mosque is being used by local public for the purpose of offering prayers. 10. It has been submitted in the instructions dated 25.08.2025, that the petitioner can very well offer prayers in the Mosque situated in the adjoining village. 11. The writ petition is disposed of accordingly. August 27, 2025 Pks WRIC No. 8108 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench