Saharanpur: A writ petition challenging the demolition of a mosque located on the Saharanpur Collectorate complex has been filed in the Allahabad High Court, an Advocate submitted on Wednesday, escalating a dispute that has already seen local courts, district administration action and an administrative demolition.
Petitioners say order exceeded legal authority
The petition was filed by Advocate Mohammed Tanveer Ahmad under Article 227 of the Constitution, according to the court papers. It names the Uttar Pradesh government, represented through the Saharanpur district magistrate, and Abdul Hamid, identified as the mosque’s manager and maulvi, as respondents.
The challenge targets a demolition and eviction order issued by the Saharanpur City Magistrate on July 16, under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972, in relation to a 315-square-metre structure described as a mosque on the Collectorate premises.
- The petition contends that the city magistrate’s order was beyond the legal powers vested in the office and contrary to law.
- It also contests subsequent orders by district courts which, according to the petition, failed to address the legal infirmities raised.
- The petitioner has sought remedial orders from the Allahabad High Court; the matter is now pending before the bench.
Sequence of administrative action and demolition
Following the magistrate’s July order, the mosque management appealed to the district court. The district judge dismissed the appeal on September 2, and authorities carried out demolition on September 5, according to local administrative statements and media reports.
The city administration has imposed a fine of ₹6.41 crore on the mosque management for what it described as unlawful occupation and use of government premises, a figure cited in press accounts of the case.
“A building had been illegally constructed on government land within the Collectorate complex. Eviction proceedings were initiated against it under the PP Act,” Saharanpur SDM Sadar Subodh Kumar was quoted as saying to ANI during earlier statements on the action.
In media interviews following the demolition, the SDM said a well had been discovered at the site and that technical agencies would assess its dimensions and construction. He described the structure as made of brick and said further clarity would come after investigation by technical teams.
Legal and civic stakes for Saharanpur
The case raises questions about administrative powers under the Public Premises (Eviction of Unauthorised Occupants) Act, evidentiary standards relied upon by the magistracy and the district judiciary’s handling of appeals under tight timelines. It also highlights how municipal and district administration decisions can be reviewed by higher courts when parties assert excess of jurisdiction.
For residents of Saharanpur, the dispute has immediate ramifications: it concerns the use of land within a government complex, procedures followed by civic authorities, demands for due process by those affected and potential financial liabilities imposed by the administration.
| Key dates | Event |
|---|---|
| 16 July | City Magistrate issues eviction/demolition order under PP Act |
| 2 September | District court dismisses appeal by mosque management |
| 5 September | Authorities carry out demolition on the Collectorate premises |
The matter will be decided by the Allahabad High Court on the grounds raised in the writ petition. The petition seeks to set aside the magistrate’s order and to declare the administrative actions to be without jurisdiction; specific reliefs sought are recorded in the court filing and will be argued before the bench.
Local authorities have said further technical investigations are under way concerning the site. No additional orders or court dates were listed in the filings made public at the time of reporting.
The case will be monitored closely by legal observers and residents in Saharanpur given the administrative, legal and civic implications of the High Court’s eventual ruling.
