Sanjay Singh And 2 Others

Dinesh Pathak, J

Heard Sri Aravind Kumar Tripathi, learned counsel for the petitioners and Sri J.N. Maurya, learned Chief Standing Counsel, assisted by Sri Ashish Mohan Srivastava, learned standing counsel for the State respondents.

Instant writ petition has been filed during the court vacation, which commenced from 29.9.2025 to 3.10.2025. However, Special Bench has been constituted to hear the matter vide order dated 3.10.2025 passed by Hon'ble Chief Justice. In pursuance of the order dated 3.10.2025, the instant matter has been placed before this court.

Perusal of the prayer clause of the instant writ petition, prima facie, evinces that the order dated 2.9.2025 passed by the court competent in proceedings under Section 67 of the U.P. Revenue Code, 2006 has been assailed before this court. For ready reference, the prayer clause of the writ petition is quoted herein below :-

"a. Issue a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction quashing all proceedings initiated against the Petitioner, including but not limited to the notice dated 26.06.2025, the undated show cause notice, the unserved order dated

02.09.2025, and the notice dated 30.09.2025, as being in gross violation of the mandatory pan-India directions issued by the Hon'ble Supreme Court of India vide judgment dated 13.11.2024 in Writ Petition (Civil) No. 295/2022 reported as 2024 INSC 866;

b. Issue a writ, order or direction restraining the Respondents from demolishing or interfering with the Petitioner's Masjid and Hospital at Village Rayan Buzurg, Sambhal, without following due process of law;

c. Issue a writ, order or direction initiating contempt proceedings against the erring officers of the Respondent authorities for willful, deliberate, and flagrant violation of the Supreme Court's binding directions dated 13.11.2024."

While the court confronted the learned counsel for the petitioners with regard to the availability of the impugned order dated 2.9.2025, he stated that the said order has not been served upon the petitioners. However, a perusal of the objection dated 4.7.2025 (Annexure no.3) prima facie establishes that the present petitioners had participated in the proceedings under Section 67 of the U.P. Revenue Code 2006.

Learned Chief Standing counsel has produced a photostat copy of the impugned order dated 2.9.2025, passed under Section 67 of the U.P. Revenue Code 2006. A copy of the said order has been served upon the learned counsel for the petitioners.

After going through the order impugned, learned counsel for the petitioners has prayed for and granted 12 hours' time to file the copy of the impugned order supported with an affidavit and file fresh memo of appearance (Vakalatnama) with the signature of the petitioners.

List this matter tomorrow i.e. 4.10.2025, as fresh at 10:00 AM before the appropriate Bench.