Lucknow, Mar 26 The Allahabad High Court on Thursday refused to interfere with an eviction order passed by the district administration in connection with a mosque constructed on gram sabha land in the Bakshi Ka Talab area, but set aside a fine imposed on the petitioners.
Justice Alok Mathur of the Lucknow bench passed the order on the 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 directed eviction and dismissed their appeal respectively.
The petitioners had contended 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 an opportunity to cross-examine witnesses during the proceedings before the revenue authorities, rendering the orders legally unsustainable.
Opposing the plea, the state counsel submitted that the land in Khata No. 648 in Asti village under Bakshi Ka Talab tehsil is recorded in revenue records as barn land belonging to the gram sabha and that the mosque had been constructed after illegally occupying the land.
After hearing the parties, the court held that this land belonged to the gram sabha 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 set aside the fine of Rs 36,000 imposed on them.
