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2025 Supreme(MP) 974

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Sabla Hasan – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Appellant :Shri Ashish Srivastava, Advocate
For the Respondent:Shri Praveen Kumar Newaskar, Dy. Solicitor General, Shri Vivek Khedkar, Additional Advocate General

JUDGMENT :

Anand Pathak

1. The present appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant being crestfallen by the order dated 10-03-2025 passed by learned Single Judge in Writ Petition No.27200 of 2024 whereby the writ petition filed by the appellant (as petitioner in writ petition) got dismissed.

2. Precisely stated facts of the case are that petitioner is Sajjada Nashin of Dargah Hazrat Sheikh Muhammad Ghaus and as submitted he is legal heir of Hazrat Sheikh Muhammad Ghaus. According to petitioner in the Dargah of Hazrat Sheikh Muhammad Ghaus, various religious and cultural activities are performed for over last 400 years. However, subsequent to the Archaeological Survey of India (ASI), declaring the Dargah as a protected monument, such activities have been prohibited or curtailed. Those activities include Urs (Jalsa) and Namaz.

3. On 02-03-2024, petitioner submitted an application to the ASI requesting for permission for performing Urs at Dargah but vide letter dated 14-03-2024 (Annexure P/4) said permission was denied. It has been mentioned in the said letter that said premises is a protected

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