New Delhi, Mar 8 (ILNS) The Supreme Court today put a stay on further demolition of any structure at Dargah Mubarak Khan Shaheed, located at Gorakhpur in Uttar Pradesh.
Dargah Mubarak Khan Shaheed is the place, where celebrated Hindi writer Munshi Premchand wrote Idgah, one of his most famous stories, which in turn made the Dargah popular.
Petitioner and the President of Waqf No 151 had assailed the validity of demolition dated December 29, 2020, by filing a writ petition before the Allahabad High Court.
The High Court, while dismissing the petition, observed, “in pith and substance the petitioner has asked for execution of the judgement and decree dated September 9, 1963. The disputed questions of facts have been raised to be adjudicated under Article 226 of the Constitution.
“The remedy of petitioner lies to file Civil Suit before the court concerned and make prayer for grant of injunction, that would be tested on the parameters of prima facie case, balance of convenience and irreparable loss. The petitioner can also file execution of the aforesaid decree,” noted the High Court.
An SLP was also filed on behalf of Shariq Ahmed, Advocate, on a similar case, by Vibha Datta Makhija, Senior Advocate.
The petitioners said that no notice was served upon them before the demolition drive started. A proceeding under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972 is already pending before the Court of City Magistrate, Gorakhpur, they added. ILNS/SNG/RJ