Lucknow, March 26 The Allahabad High Court on Thursday refused to intervene in an eviction order passed by the district administration regarding a mosque constructed on land belonging to the local village council in the Bakshi Ka Talab area, but overturned a fine imposed on the petitioners.
Justice Alok Mathur of the Lucknow bench passed the order in response to a petition filed by Shahban and others, who had challenged the orders of the tehsildar dated February 28, 2025, and the Additional District Magistrate (Judicial) dated October 31, 2025, which had ordered eviction and dismissed their appeal respectively.
The petitioners argued that the mosque was built around 60 years ago by members of the local Muslim community and was not a recent encroachment.
They also stated that they only visited the mosque to offer prayers and had no role in its construction or management.
They further argued that they were not given the opportunity to cross-examine witnesses during the proceedings before the revenue authorities, making the orders legally unsustainable.
In opposition, the state counsel argued that the land in Khata No. 648 in Asti village, under the Bakshi Ka Talab tehsil, is recorded as agricultural land belonging to the village council, and that the mosque had been constructed by illegally occupying the land.
After hearing the parties, the court ruled that this land belonged to the village council, and that the petitioners had failed to establish any legal right, ownership, or interest in it.
However, noting that the petitioners had no role in the construction of the structure, the court overturned the fine of Rs 36,000 imposed on them.
