Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Prayagraj: The Allahabad High Court has declined to pass any interim order protecting Masjid Shareef Gosulbara Ravan Bujurg in Sambhal from planned demolition by district authorities, instead permitting the petitioners to withdraw their writ petition and pursue statutory remedies before the appellate court.

Justice Dinesh Pathak disposed of the petition as withdrawn after the petitioners’ counsel sought permission to file an appeal before the competent authority under the Uttar Pradesh Revenue Code, 2006.

The court was hearing Writ Petition No. 35322 of 2025 filed by Masjid Shareef Gosulbara Ravan Bujurg and another petitioner challenging an order dated September 2, 2025, passed by the Assistant Collector First Class/Tehsildar, Sambhal.

During the proceedings, petitioners’ counsel Aravind Kumar Tripathi filed a supplementary affidavit along with a photostat copy of the impugned order and a memo of appearance signed by the second petitioner, Minzar, which the court took on record.

After hearing submissions from the petitioners’ counsel, Additional Advocate General Sanjeev Singh, and Chief Standing Counsel J.N. Maurya (assisted by Standing Counsel Ashish Mohan Srivastava) for the State respondents, the petitioners’ counsel requested permission to withdraw the writ petition.

The counsel stated that they wished to pursue the alternative remedy available under Section 67(5) of the U.P. Revenue Code, 2006, by filing an appeal before the competent authority, specifically the concerned Collector.

Justice Pathak allowed the withdrawal, stating: “As such, the instant writ petition is dismissed as withdrawn, as prayed for, to resort to the alternative remedy available under the law.”

The petitioners’ counsel further requested that interim protection be granted in favour of the petitioners during the pendency of their appeal before the statutory authority.

However, Justice Pathak declined to grant such protection from the High Court, observing: “In my opinion, it is open for the petitioners to move an appropriate application before the appellate court for interim protection.”

The court also clarified that any application moved by the petitioners for interim relief “shall be considered and decided by the appellate court, in accordance with law, on its own merits, without being influenced by the order of the date passed by this Court.”

Case Title: Masjid Shareef Gosulbara Ravan Bujurg & Anr. vs. State of U.P. & Ors.

[Read Order]