The Allahabad High Court has dismissed a writ petition that sought security, protection, and permission to offer namaz at a private premises measuring 82.8 square meters in Ikona, located in Pargana Rajpura area of Gunnaur tehsil in Sambhal district.
Court's Observations
The bench, presided over by Justice Garima Prashad and Justice Saral Srivastava, stated that the petitioner claimed ownership based on an alleged registered gift deed dated June 16, 2023, purportedly executed by Deen Mohammad in his favor. The petitioner contended that the respondent authorities were restraining prayers, which violated his fundamental rights under Articles 19, 25, 26, 27, and 28 of the Constitution.
State's Submission
District Magistrate (Sambhal) Rajendra Pensia informed the court that the state, through its standing counsel, submitted that the land in question, khata number 613, is recorded as Abadi land, meant for public use for residential purposes. The state further argued that the gift deed lacked basic revenue particulars such as 'gata' or 'khata' numbers and relied only on vague boundary descriptions.
SDM Report
According to the Sub-Divisional Magistrate's report placed before the court, namaz had traditionally been offered at the location only on Eid, and no restrictions were imposed at that time. However, the petitioner was seeking to introduce regular, large-scale congregational prayers, including participants from outside the village.
Court's Decision
The court held that the pleadings were vague and lacked material particulars, and no specific incident or identifiable act attributable to any authority was disclosed. It further noted that the gift deed did not establish an identifiable title and could not displace the revenue record. The court stated that even if the land were private, the petitioner was not protecting an existing practice but seeking to expand it beyond a limited private sphere, which falls outside constitutional protection and is subject to regulation.
Outcome
The writ petition was dismissed on April 6, with the order uploaded later. In a separate case, the High Court had earlier granted security to offer namaz on private land and reprimanded the Sambhal DM and SP, stating that if they could not maintain law and order, they should either resign or seek a transfer outside Sambhal.
