The Gujarat High Court has sought response of Kutch's Collector in a plea challenging demolition of a mosque on the same day that the mosque's manager filed reply to show cause notice over alleged encroachment on government land.

The plea claims that the structure was declared as an encroachment and the demolition action was taken without granting sufficient time to the manager to challenge the order declaring the structure as an encroachment.

The court was hearing a plea by the Muttawali (manager) of Mohamadi Masjid challenging the action by state authorities in demolishing the mosque without proper notice and affording any opportunity of hearing and without following the due process of law and in violation of the Supreme Court's directions.

The petitioner said that a show-cause notice dated June 18 under Section 61 of the Gujarat Land Revenue Code was issued by Mamlatdar, Bhuj (Rural) to the petitioner served and/or received by the petitioner on June 19.

It was submitted that in this show-cause notice, only two days were provided to file a reply and/or evidence. Despite short notice, the petitioner had on June 20 submitted the reply.

However, it was alleged, that on June 19 itself an order was passed declaring that the petitioner as an encroacher of government land. Thereafter, without granting sufficient opportunity for filing appeal against the June 19 order, the authorities demolished the mosque on June 21.

Justice Niral R Mehta in his order said:

"Considering the aforesaid peculiar facts, Collector, Kutch, is hereby directed to file affidavit on or before 19th October, 2026".

The plea seeks a direction to authorities to restore the demolished mosque to its original condition at the original location. It further seeks just and fair compensation to the Petitioner-Waqf for the illegal and unconstitutional demolition.

The plea also seeks initiation of departmental, disciplinary, contempt and other legal proceedings against the officers responsible for the unconstitutional demolition of the mosque.

The matter is listed on October 22.