Allahabad High Court
MADINA MASJID AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The Court stayed the demolition and ordered the matter to be decided within three weeks, thereby disposing of the petition.
Summary
The petitioners, Madina Masjid and another, challenged a notice dated 20 July 2026 issued by the Uttar Pradesh State Industrial Development Authority (UPSIDA) ordering demolition of constructions on a 0.1940‑hectare plot where the Masjid stands. They sought certiorari to quash the notice and mandamus to restrain UPSIDA from interfering with their possession, initiating coercive action, and to impose costs on erring officials for violating Supreme Court directives. UPSIDA counsel indicated the matter would be decided within three weeks. The Court directed that the entire matter be decided within three weeks, ordered that no demolition take place pending the final decision on the objection, and disposed of the writ petition. Consequently, the petition was dismissed with a stay on demolition pending further proceedings.
Issues considered
- What is the appropriate remedy to quash the demolition notice issued by UPSIDA?
- Whether UPSIDA can be restrained by mandamus from interfering with the petitioners' possession of the land?
- Whether the petitioners are entitled to costs and exemplary damages for alleged violation of Supreme Court directives?
Subjects
- writ petition
- certiorari
- mandamus
- demolition
- property possession
- UPSIDA
- Supreme Court directives
- stay order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35446 of 2026
Madina Masjid And Another
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nidhi Kaushik, Vijay Kumar Sharma
Counsel for Respondent(s) : Anuj Pratap Singh, C.S.C.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State.
2. This writ petition has been filed for the following reliefs:
"a. A writ order or direction in the nature of certiorari calling for the official records
and to quashed the Notice bearing no. 1115/UPSIDA/DGM/CD-1/GZB dated
20/07/2026 issued by respondent no. 5 (Annexure no. 1 of the writ petition).
b. A writ order or direction in the nature of Mandamus commanding and
direct/restraining the respondent no. 5, not to interfere in peaceful physical possession
and enjoyment of the petitioners, from carrying out any demolition activity over the
said private and unacquired land in any manner over the Masjid situated small piece
of land out of area 0.1940 Hectare, bearing Khasra/Gata no. 523M, Village
Maharajpur, Tehsil & District Ghaziabad, Uttar Pradesh.
c. A writ order or direction in the nature of Mandamus commanding and
direct/restraining the respondent no. 5, not to initiate any coercive action against the
petitioner no. 1 relating to "Masjid" situated small piece of land of the Khata no. 227
bearing Khasra/Gatta no. 523M area of 0.1940 Hectare, Village Maharajpur, Tehsil
& District Ghaziabad, Uttar Pradesh till the disposal of the Objection/reply dated
04/08/2026 filed by the petitioners before the respondent no. 5.
d. Issue a writ, order, or direction directing the initiation of appropriate proceedings
or the imposition of exemplary costs against the erring officials of respondent no. 5
WRIC No. 35446 of 2026
2
for flagrantly violating the mandatory directives of the Hon'ble Supreme Court laid
down in (2025) 5 SCC 1 and for acting in a colourable exercise of power."
3. The petitioners were served with the notice dated 20.07.2026 with regard
to the removal of some constructions over the plot no. 522. With regard to
the notice which was issued, a reply has also been submitted on 04.08.2026
which is at page no 79 of the writ petition.
4. Sri Ambrish Shukla, learned counsel appearing for the Uttar Pradesh State
Industrial Development Authroity (hereinafter referred to as "UPSIDA"),
states that the UPSIDA would be deciding the entire matter within a period
of three weeks.
5. Without going into the further details of the case, we direct that the entire
matter be decided within a period of three weeks from today.
6. It is made clear that no demolition to take place till the final decision of
the objection.
7. With these observations, the writ petition stands disposed of.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 28, 2026
M.S. Ansari
Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad
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