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2025 DAILYLAW 51983 (ALL)

MASJID SUFFA COMMITTEE MOHALLA GARHI v. STATE OF U.P. AND 2 OTHERS

WRIC/14062/2025 · 2025-10-05

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 14062 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner, by means of writ petition has assailed the order dated 25.10.2023 passed by Sub-Divisional Magistrate, Dhaulana, Hapur by which he has refused to grant No Objection Certificate to the petitioner. 3. Challenging the aforesaid order learned counsel for the petitioner contended that there is no dispute with regard to land over which the mosque has been constructed and in such view of fact the impugned order cannot be sustained. 4. We find that Sub-Divisional Magistrate has given elaborate reason in his order in rejecting the No Objection Certificate, inasmuch as he has recorded a finding that there is Government Orders dated 29.10.2009 and 26.12.2022 which prohibit the construction of any religious structure over the public private land. 5. Learned counsel for the petitioner could not demonstrate any provision of law under which a mosque can be constructed and Versus Counsel for Petitioner(s) : Rakesh Kuamr Yadav Counsel for Respondent(s) : C.S.C. Masjid Suffa Committee Mohalla Garhi .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) registered over the public private land. 6. In such view of fact, we do not find any merit in the writ petition. 7. Accordingly, the writ petition lacks merit and is hereby dismissed with no order as to costs. October 6, 2025 Virendra WRIC No. 14062 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad