The Allahabad High Court has dismissed a public interest litigation (PIL) filed against a show-cause notice issued by the Sambhal Tehsildar concerning a mosque allegedly constructed on land recorded in revenue records as a qabristan (graveyard).
The matter arose after revenue authorities initiated proceedings under Section 67 of the Uttar Pradesh Revenue Code, alleging unauthorized occupation or use of government land. The petitioner approached the High Court seeking quashing of the notice and judicial intervention against the proceedings.
Justice Alok Mathur declined to exercise the Court's extraordinary jurisdiction under Article 226 of the Constitution, observing that the petitioner had an adequate opportunity to present his defence before the competent authority. The Court noted that the show-cause notice itself did not warrant interference at this preliminary stage.
The Bench further observed that the petitioner could submit his response before the Assistant Collector/Tehsildar handling the proceedings and avail statutory remedies available under the Uttar Pradesh Revenue Code.
The Court also noted that the petitioner did not appear to be in possession of the mosque property, weakening the basis for invoking writ jurisdiction in the present case.
Consequently, the Court dismissed the PIL while granting liberty to the petitioner to pursue remedies before the revenue authorities in accordance with law.
The ruling reinforces the principle that constitutional courts generally refrain from interfering at the stage of a show-cause notice when an effective statutory mechanism exists for adjudication of the dispute.