Allahabad High Court Refuses Interim Protection To Sambhal's Rayan Buzurg Mosque Facing Demolition Notices

A bench of Justice Dinesh Pathak dismissed as withdrawn the plea filed by the mosque management challenging an order dated September 2, 2025, passed by the Assistant Collector First Class/Tehsildar, Sambhal, in proceedings under Section 67 of the UP Revenue Code, 2006.

At the outset, counsel for the petitioners submitted a supplementary affidavit along with a photostat copy of the September 2 order and a vakalatnama duly signed by petitioner no. 2, Minzar. The Court directed that the same be taken on record.

After hearing counsel for both sides at length, the petitioners' counsel sought permission to withdraw the writ petition in order to resort to the alternative remedy available under Section 67(5) UP Revenue Code, 2006, by filing an appeal before the competent court, i.e., the Collector concerned.

The Additional Advocate General and the Chief Standing Counsel appearing for the State raised no objection to this and accordingly, the Court dismissed the writ petition as withdrawn with the liberty to the petitioners to avail their statutory remedy.

Before parting, the counsel for the petitioners prayed for interim protection to restrain coercive action against the mosque in the meantime. Rejecting the prayer, the Court observed thus:

"In my opinion, it is open for the petitioners to move an appropriate application before the appellate court for the interim protection. Application moved on behalf of the petitioners, if any, shall be considered and decided by the appellate court, in accordance with law, on its own merits without being influenced with the order of the date passed by this Court".

With this, the Court refused to extend any interim protection.

For context, the case concerns demolition proceedings against the mosque and its adjoining hospital in Village Rayan Buzurg in Sambhal, which the administration claims stand on compost pit/pond land.

The mosque management had on Friday argued that the notices issued were in 'gross violation' of the Supreme Court's directions issued last year which mandated adherence to due process before demolition of religious structures.

Advocates Aravind Kumar Tripathi and Shashank Shri Tripathi appeared for the mosque.