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2023 Supreme(UK) 410

VIPIN SANGHI, RAKESH THAPLIYAL
Tafazzul Hussain Ansari – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.S. Rawat, learned Senior Counsel assisted by Mr. Siddhartha Sah, learned counsel.
For the Respondents: Mr. C.S. Rawat, learned Chief Standing Counsel assisted by Mr. Gajendra Tripathi, learned Brief Holder, Mr. T.A. Khan, learned Senior Counsel assisted by Ms. Nishat Intezar, learned counsel.

JUDGMENT :

Vipin Sanghi, J.

The petitioner has preferred the present Writ Petition, in public interest, seeking the following reliefs:-

    “(i) Issue a writ, rule, order or direction in the nature of mandamus directing the respondents not to resort to indiscriminate and arbitrary demolition of places of worship, shrines, mazars, etc. of Muslim Community dehors the provisions of Places of Worship (Special Provisions) Act, 1991 & Uttarakhand Policy for Removal, Relocation and Regularization of Unauthorized Religious Structures on Public Streets, Public Parks and Other Public Places, 2016.

(ii) Issue a writ, rule, order or direction in the nature of mandamus directing the respondent no. 9 to conduct of preliminary survey of auqaf (waqfs) and publish list of auqaf in accordance with Section 4 & 5 of Waqf Act, 1995.

(iii) Issue a writ, rule, order or direction in the nature of mandamus directing the respondents nos. 1-8 to restore the places of worship, shrines, mazars, etc. of Muslim Community in the State of Uttarakhand which have been demolished by the respondents nos. 1-8 illegally.”

2. The petitioner has made general statements, with regard to the alleged indiscriminate and arbitrary demoli

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