JUDGMENT :

VIPIN SANGHI, J.

The petitioner has preferred the present writ petition, under Article 226 of the Constitution of India, to seek quashing of the letter dated 08.06.2023, issued by respondent No. 5, i.e., the Assistant Engineer, Northern Division, Ganga Nahar, Roorkee, District Haridwar, whereby respondent No. 5 gave notice to the manager/Maulvi/Sewadar of Gafuria Masjid, Malakhpur Chungi, Roorkee, to remove the religious structure, called Masjid, constructed on public land, which is causing obstruction on the public road/public place, and causing difficulty to the public at large. The petitioner also seeks a mandamus to the respondent authorities not to remove the construction known as “Gafuria Masjid”, bearing present Municipal No. 73 (Old Municipal No. 32/2), situated at Malakhpur Chungi, Civil Lines, Roorkee, District Haridwar.

2) The present petition has been filed by Fayyaz Ali, who claims to be the Mutawalli of Gafuria Masjid. It is claimed by the petitioner that the Gafuria Masjid has been in existence since much prior to independence in 1947. It is claimed that