Alld HC extends interim stay on demolition
PRAYAGRAJ, May 24 -- The Allahabad high court on Friday extended its interim order restraining the authorities from demolishing the Medina Masjid at Fatehpur till the next hearing.
Earlier, on April 17, the court had passed an interim order staying the demolition of the structure till the next listing of the matter on May 23.
On Friday, as pleadings were not completed when the matter was taken up, Justice Manish Kumar Nigam ordered listing of the matter in third week of July and extended the interim stay. Haider Ali, president of Waqf Sunni Madina Masjid Committee, filed the present petition.
The counsel for the petitioner contended during court proceedings earlier that the order for demolition of the Madina Masjid was passed merely on the basis that the petitioner had encroached upon gaon sabha land. The counsel for the petitioner contended that in proceedings under Section 67 of the U.P. Revenue Code, 2006, an order has been passed against the petitioner without complying with the mandate of the judgment passed in the case of Rishipal and others v. State of U.P. and others passed in Writ C No. 1192 of 2013.
The counsel for the petitioner further contended that the entire proceedings were concluded within 26 days and no opportunity was granted to the petitioner to file evidence in support of his case.
Passing its interim order, the court said, "It has been further contended by the counsel for the petitioner that while deciding the proceedings under Section 67 of the U.P. Revenue Code, 2006, no finding has been recorded on the objections raised by the petitioner and order has been passed merely on the basis that the petitioner has encroached upon the land of the Gaon Sabha. Appeal filed by the petitioner has also been rejected." Section 67 of the Uttar Pradesh Revenue Code, 2006, deals with actions taken against persons who damage, misappropriate, or wrongfully occupy government land or land belonging to a local authority, including gram panchayat (Gaon Sabha)....
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