(Judicial Quest News Network)
A petition has been moved in Aurangabad Bench of the Bombay High Court by the Jumma Masjid Trust Committee against the July, 11 order of the District Collector Aman Mittal.
The petition is filed through its president Mr. Altaf Khan claimed that the collector passed the “arbitrary and illegal’ order in which the directions were issued to hand over the keys of the Mosque to the Erondol Municipal Council’s Chief Officer.
The issue came to light after a petition filed by the Pandavwada Sangharsh Samiti with the Collector’s office.
The trust’s Advocate S.S. Kazi said that the petition would be taken up for hearing on Tuesday, 18, July 2023.
The trust’s petition has filed and produced all the relevant documents to establish that the mosque has been in existence since October 31, 1831.
The further submitted that The petitioner states and submits that, the Government of Maharashtra has declared the structure of Masjid as Ancient and Historical Monument and is enlisted in the Schedule of protected monument. Hence, as per the provisions of sub Section (3) of Section 4 of The Maharashtra Ancient Monuments and Archeological Sites and Remains Act, 1960 the Government of Maharashtra declare Jumma Masjid as Ancient and Historical Monuments in the Schedule of the Government Gazette. The name of Masjid came to be recorded as Pandavwada Masjid, situated at Erandol, Tq. Erandol, and Dist. Jalgaon. A copy of the Schedule published by the Government of Maharashtra under Section 4 of The Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960.
The Jangaon Collector Mr.Aman Mittal immediately after receiving the petition from the Samiti alleging that the Masjid encroached upon an ancient Hindu site where artefacts from the bygone era could still be found.
It is pertinent to submit here that on 25.12.2022 the Hindu Jan Jagruti Sameti Jal organized “Hindu Rashtra Jagruti Sabha and invited professional speaker and editor of Sudhakar News namely Suresh Chavhan K., in the said meeting, the speech delivered by Suresh Chavhan K., was a hate speech against the Minority Community. Therefore a criminal writ petition bearing Criminal Writ Petition No.392 / 2023 was filed. This Hon’ble Court vide order dated 16.03.2023 issued directions to register F.I.R. against the said persons who were involved in the hate speech. A copy of the order dated 16.03.2023 passed in Criminal Writ Petition No.392 / 2023.
The Jumma Masjid trust’s petition claims that the impugned judgment and order dated 11.07.2023 passed by the learned Collector, Jalgaon, is contrary to law and against merits of the case While passing the impugned judgment and order the learned Collector, Jalgaon, has failed to consider the documentary evidence and the record maintained by the Collector Office itself.
The learned Collector has showed undue haste while passing the impugned order, though the impugned order is by way of interim order, but the learned Collector has violated the rule of the principal of natural justice as no opportunity of hearing is given to the petitioner
The Aurangabad Bench of the Bombay High Court has issued notice to all the respondents involved in the case and will hear the matter on July,18.