Can State Seal A Mosque Without Prior Notice? Allahabad High Court Seeks UP Govt's Response

A bench of Justice Atul Sreedharan and Justice Siddharth Nandan questioned the UP Govt while hearing a writ petition filed by Ahsan Ali.

It is the petitioner's case that he is the lawful owner of a piece of land situated in Village Bhopa, Pargana Bhokarheri, Tehsil Jansath, District Muzaffarnagar, which he purchased through a duly registered sale deed in September 2019.

He claimed that he had been raising funds for the construction of a mosque on this property; however, the State authorities sealed the property.

The authorities purportedly took this action on the grounds that the construction is illegal and that no prior permission was obtained from the competent authority.

The petitioner argued that the State took this step without affording him any notice or an opportunity to be heard before sealing the premises.

Under these circumstances, he prayed for the Court to direct the respondent authorities to unseal the said property, permit him to carry out construction thereon and also allow the use of the premises for offering prayers, in accordance with law.

During the hearing, the State sought time to obtain instructions on the matter. Granting it time, the High Court directed the State to obtain specific instructions on the following three points:

• As to under what authority of law the State can seal a place of worship.
• Under what provision of law, if any, prior permission with the State is required in matters concerning a place of worship.
• Whether there exists any authority under law to seal a place of worship under construction without issuance of prior notice or affording an opportunity of hearing to the petitioner

The Court has ordered that these specific instructions must be supported by an affidavit. The matter will be heard next on March 31.