Allahabad HC seeks govt reply on Saharanpur mosque demolition case, stays fine recovery
Prayagraj, September 11: The Allahabad High Court on Friday directed the state government to file a counter affidavit within 03 weeks on a petition filed against the demolition of a mosque located in Saharanpur Collectorate premises.
Justice Rohit Ranjan Agarwal, while giving time to the state government, has fixed the next hearing of the case on October 12. Also, the court has stayed the recovery of fine of more than Rs 6 crore from the petitioner till the next date. This order was passed on a petition filed by Mohammad Tanveer Ahmed under Article 227 of the Constitution.
The petition challenges the eviction order and imposition of a fine of over ₹6.41 crore issued by the City Magistrate of Saharanpur on July 16, 2026, and the dismissal of the appeal by the District Judge, Saharanpur, on September 2, 2026. The petition names the Uttar Pradesh government (through the Saharanpur District Magistrate) and Abdul Hameed, the manager/cleric of the Collectorate Complex Mosque, as respondents.
Key points of the case:
Petitioner’s stand: Senior advocate Ashish Kumar Singh, representing the petitioner, argued that the orders by both officials were without jurisdiction. The eviction order was issued without proper verification of the property’s ownership, even though the records listed Wahid Khan and Yakub Khan. The officials ignored the 1956 revenue records, claiming the entries were fraudulent. It also stated that the mosque was registered in the Waqf Register, which was ignored by the lower courts.
State Government’s Argument: Additional Advocate General Manish Goyal, opposing the petition, stated that the petitioner’s stance is contradictory—on the one hand, he claims the land belongs to the landowner and on the other, it is Waqf property, yet there is no evidence of dedication to the Waqf. The Sunni Central Board has not been made a party. He clarified that the land is registered in the Collectorate Court on record.
Background:
On July 16, 2026, the City Magistrate imposed a fine of ₹6,41,65,000 for eviction and illegal occupation under the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act. On September 2, 2026, the District Judge dismissed the appeal against this order. Subsequently, the administration demolished the 315-square-meter mosque on the Collectorate premises in the early hours of September 5.
