Prayagraj 24 August : The Allahabad high court has thrown out an application for writ of mandamus seeking the dismantling of the Shahi Masjid situated at GT Road in Saidabad, Prayagraj and a expansion of the highway.The court ruled that the matter was not in the context of the petition.
The court also clarified that in accordance with the government reports the mosque was built by encroaching on government land.
In addition the question of title to the land is decided by a civil court.
The Intezamia Committee of the Shahi Masjid had filed the petition on basis of the report of the revenue department that said the structure had been in existence for quite a lengthy time before independence.
In dismissing the petition for writ, an a division bench consisting of Justice Sunita Agarwal and Justice Om Prakash Shukla noted: “Looking into the stand that the authorities took in the instruction written provided today and the enclosed document to it and in the light of the categorical position of those who are defending that the construction of Shahi Masjid situated on Prayagraj to Handia stretch of State Highway 106 is an infringement on the land of the government, specifically “gata No 402″ according to the report of the sub-divisional officer Handia, Prayagraj, we are not in the position to grant mandamus as claims by petitioners in this case.”
In refusing to accept the arguments of the committee based on the revenue department’s report the court in the decision it made, added: “A perusal of the report indicates that it’s based on a statements made by the inhabitants of the area, and there isn’t any data or information that was looked at by the report officer prior to making the above statement with regards to the presence of Shahi Masjid.”
amita/
