The Allahabad High Court has sought the State government's response to a petition challenging the eviction and demolition of a mosque in Saharanpur. Meanwhile, the Court has stayed the recovery of ₹6.41 crore in damages imposed by the City Magistrate, Saharanpur.

A bench of Justice Rohit Ranjan Agarwal directed the State to file its counter-affidavit within 3 weeks. 1 week thereafter was granted to the petitioner for filing a rejoinder. The matter has been listed for October 12, 2026.

The petition has been filed by Mohammad Tanveer Ahmad, challenging proceedings initiated under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, in relation to the mosque.

According to the petitioner's case before the High Court, he had filed a written statement before the City Magistrate disputing the claim concerning the land and asserting that the mosque had existed on the disputed property for more than 100 years.

The City Magistrate, Saharanpur, passed an eviction order on July 16, 2026, and imposed damages of ₹6,41,65,500. The petitioner challenged the order before the District Judge, Saharanpur, but the appeal was dismissed on September 2, 2026.

Before the High Court, Senior Advocate Ashish Kumar Singh for the petitioner submitted that the State had acted hastily in demolishing the mosque and that the demolition occurred within three days of the eviction order.

It was further submitted that the original owners of the land were Yaqub Khan and Wahid Khan and that the land was being used as waqf by the users of the mosque. The petitioner contended that the courts below had not considered these aspects when recording their findings against him.

The State, on the other hand, disputed these submissions. Additional Advocate General Manish Goyal submitted that the property was recorded as Kutchery/Collectorate.

He further pointed out that while the petitioner claimed Yaqub Khan and Wahid Khan to be the original landlords, there was no mention of when the property was allegedly dedicated as waqf.

It was also submitted that no waqf deed had been brought on record, and that the alleged landlords had not appeared before the courts below to claim the property.

The State also submitted that a post office was operating on the disputed land and that the eviction proceedings had been initiated on the ground that, after taking rooms on rent, the mosque was constructed on the property and Namaz were being offered there.

After hearing the parties, the High Court observed that the matter required consideration. The Court accordingly issued notice to respondent no. 2 and directed the State to file its counter-affidavit within three weeks.

Importantly, the Court stayed the recovery of the ₹6.41 crore damages imposed by the City Magistrate. The order states thus:

"Till the next date of listing, the realization of damages imposed by the City Magistrate, Saharanpur vide order dated 16.7.2026 shall remain stayed".

Senior Advocate Ashish Kumar Singh, assisted by Advocate Himanshu Dubey, appeared for the petitioner.

Additional Advocate General Manish Goyal, assisted by CSC Dr. Rajeshwar Tripathi, CSC Manoj Kumar Singh and ACSC Sanjay Kumar Singh, appeared for the State.