MOHD SHARIF SAIFI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard the petitioner in person and learned standing counsel. The petitioner has prayed in this petition that he wants to make a mosque on the land in question which is in village Kuri, Tehsil Thakurdwara, district Moradabad. It is alleged in paragraph 4 of the writ petition that the respondent No. 4, the S.H.O. of P.S. Dilari, district. Moradabad has restrained the petitioner from building the mosque in question till permission is obtained from the District Magistrate.

(2.) A counter-affidavit has been filed by respondent No. 4. In para 7 of the same, it is alleged that there is a controversy regarding title to the land in question, and a suit is pending before the Civil Judge, Thakurdwara.

(3.) We are not entering into the factual controversy as to who is owner or bhumidhar of the land in question, and this dispute can be decided by the Civil/Revenue Court. However, we wish to lay down the law in this connection.