The Supreme Court on Monday issued notice and stayed further demolition of any structure at Dargah Mubarak Khan Shaheed, Gorakhpur, Uttar Pradesh. Dargah Mubarak Khan Shaheed is where celebrated Hindi writer Munshi Premchand wrote Idgah, one of his most famous stories, which in turn made the Dargah popular.
The petitioner, the President of Waqf No.151, had assailed the validity of demolition dated 29.12.2020 by filing a writ petition before the Allahabad High Court.
The High Court, while dismissing the petition observed and directed,
“in pith and substance the petitioner has asked for execution of the judgment and decree dated 03.09.1963. The disputed questions of facts have been raised to be adjudicated under Article 226 of the Constitution of India. 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.”
The Petitioner’s grievance in SLP and the writ petition are:
1) that no notice was served upon them before demolition drive started; and
2) a proceeding under Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act,1972 is already pending before Court of City Magistrate, Gorakhpur.
The SLP was drawn and filed by Shariq Ahmed, Advocate and the arguments were led by Vibha Datta Makhija, Senior Advocate.