HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 19312 of 2019 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri S.M. Iqbal Hasan, learned counsel for the petitioner and learned Standing Counsel for the State-Respondents. 2. The petitioner has preferred the present writ petition inter-alia with the following prayer:- "a) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to permit the petitioner to construct incomplete proposed Mosque situated at village Sandhawali, Police Station Mansoorpur, District Muzaffar Nagar." 3. In para no.29 of the counter affidavit filed on behalf of respondents, it is stated that the construction of Mosque building is not possible without the permission of the State Government and the District Magistrate, Muzaffarnagar has already sent letter dated 1.6.2018 apprising the total facts and circumstances of the premises over which petitioner is trying to construct the Mosque without permission of the State Government. It is argued by the Standing Counsel that the prayer made for permission to construct the Mosque could not be done in the absence of the permission of the State Government. It is further argued that in this regard a letter dated 1.6.2018 has already been written by the District Magistrate, Muzaffarnagar to the State Government. Para 29 of the counter affidavit reads as under:- "29. That the contents of paragraph 26, 27 and 28 of the writ Versus Counsel for Petitioner(s) : Firoz Haider, S.M. Iqbal Hasan Counsel for Respondent(s) : C.S.C. Mohd Aslam .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) petition are not admitted as stated hence denied. However, it is submitted that the construction of Mosque building is not possible without the permission of the State Government and the District Magistrate, Muzaffarnagar has already sent letter dated 1.6.2018 apprising the total facts and circumstances of the premises over which petitioner is trying to construct the Mosque without permission of the State Government, the permission for the construction of Mosque cannot be given to the petitioner. The writ petition as framed and filed is devoid of merits, and is liable to be dismissed with costs." 4. In response to para no.29 of the counter affidavit, it is stated in para 29 of the rejoinder affidavit that the permission is still pending before the respondent no.1 who is sitting tight over the letter dated 1.6.2018. Para 29 of the rejoinder affidavit reads as under:- "29. That the contents of paragraph no.29 of the counter affidavit is admitted up to the extent of written letter dated 1.6.2018. However it is evident that the permission is still pending before the respondent no.1, who is sitting tight over the letter dated 1.6.2018." 5. With the consent of the counsel for the parties and also in the interest of justice, the present petition is disposed of finally directing the respondent no.1 to take a decision in the matter most expeditiously and preferably within a period of six weeks from the date of presentation of certified copy of this order in accordance with law. Needless to say that in case a decision has already been taken by the State Government in the matter, the same should be communicated to the petitioner forthwith. 6. It is made clear that this Court has not adjudicated the merits of the matter. 7. No order as to cost. October 27, 2025 Gaurav Kuls WRIC No. 19312 of 2019 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad