ARYA SAMAJ JALNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Supreme Court of India vide an order dtd. 29/9/2009 in Special Leave to Appeal (C) No. 8519 of 2006 Union of India vs. State of Gujarat), inter alia, ordered as follows: -

(2.) Despite such order, it is alleged in the public interest litigation that there has been an unauthorized construction of a Mosque over CTS No. 5942 situated at Kadrabad area of Jalna Town within the municipal jurisdiction of the Municipal Council, Jalna at the instance of the respondent no. 7, i.e., the District Wakf Officer, Wakf Board Office, Jalna and also that the administration, both civil and municipal, have been lax in taking action to remove the same. A writ of mandamus is, accordingly, claimed to direct the administration, both civil and municipal, to remove such unauthorized construction.

(3.) Reply affidavit of the Municipal Council, Jalna is on record.