SANT KUMAR Vs. COLLECTOR SAHARANPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel. The petitioners and respondent no. 2 to 6 are residents of village Asadpur, district Saharanpur.

(2.) The petitioners have prayed for a direction to respondent no. 1 to stop any construction of a new Masjid in place of the room in question and also to stop use of loudspeaker.

(3.) We have already held in Civil Misc. Writ Petition No. 43403 of 1998 (Mohd Sharif Saifi vs State of U.P. & others) decided on 28.1.1999 that it is a fundamental right of every citizen under Article 25 of the Constitution of India to construct any house of worship whether it is mosque,church, temple etc. on his own land or any one else's land with the consent of that person. Hence there can be no objection regarding construction of the Mosque and we direct that no one will interfere in the construction of the mosque.