SABLA HASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal under Sec. 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant being crestfallen by the order dtd. 10/3/2025 passed by learned Single Judge in Writ Petition No.27200 of 2024 whereby the writ petition filed by the appellant (as petitioner in writ petition) got dismissed.

(2.) Precisely stated facts of the case are that petitioner is Sajjada Nashin of Dargah Hazrat Sheikh Muhammad Ghaus and as submitted he is legal heir of Hazrat Sheikh Muhammad Ghaus. According to petitioner in the Dargah of Hazrat Sheikh Muhammad Ghaus, various religious and cultural activities are performed for over last 400 years. However, subsequent to the Archaeological Survey of India (ASI), declaring the Dargah as a protected monument, such activities have been prohibited or curtailed. Those activities include Urs (Jalsa) and Namaz.

(3.) On 2/3/2024, petitioner submitted an application to the ASI requesting for permission for performing Urs at Dargah but vide letter dtd. 14/3/2024 (Annexure P/4) said permission was denied. It has been mentioned in the said letter that said premises is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as "the Act of 1958") and as per the Rules it can only be opened from Sunrise to Sunset. As per Ancient Monuments and Archaeological Sites and Remains Rules, 1959 (hereinafter referred to as "the Rules of 1959") no such permission can be granted. It is further mentioned that as per Sec. 30 of the Act of 1958 and rule 8 of Rules of 1959 any such act would be punishable with two years imprisonment with fine of Rs.1.00 lac. Therefore, writ petition was filed by the petitioner in September, 2024.