Madhya Pradesh High Court
Masjid Sadar Anjuman Isla Ui Muslimeen … vs The State Of Madhya Pradesh on 28 February, 2026
Author: Vivek Rusia
Bench: Vivek Rusia, Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2026:MPHC-IND:5892
1 WA-674-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 28th OF FEBRUARY, 2026
WRIT APPEAL No. 674 of 2026
MASJID SADAR ANJUMAN ISLA UI MUSLIMEEN THROUGH ITS
EXECUTIVE OFFICER SHRI SABIR HASHMI S/O LATE S
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ajay Bagadia - Senior Advocate with Shri Rizwan Khan -
Advocate for the appellant.
Shri Rahul Sethi - Additional Advocate General for the
respondent/State.
Shri Rishi Shrivastava - Advocate for the respondent No.5.
ORDER
Per: Justice Vivek Rusia
The appellant has filed the present appeal under Section 2(1) of M.P.
Uchha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 challenging
the order dated 27.02.2026 whereby the Writ Court has dismissed Writ
Petition No.7146/2026 with liberty to avail the alternate remedy.
2. Shri Ajay Bagadia, learned Senior Advocate appearing for the
appellant/petitioner submits that the appellant/petitioner is willing to avail
the alternate remedy, but apprehends that certain observations made by the
Signature Not Verified
Signed by: SHIVANI TIWARI
Signing time: 2/28/2026
2:34:55 PM
NEUTRAL CITATION NO. 2026:MPHC-IND:5892
2 WA-674-2026
Writ Court upon merits of the case may come in the way of appellant before
the Appropriate Forum.
3. Needless to say that observations in the Writ Court’s order, if any
made, are without reply made only to relegate the appellant/petitioner to
avail the alternate remedy. Even otherwise, the Writ Petition No.7146/2026
was disposed of without reply made by the respondents.
4. Shri Rahul Sethi, Additional Advocate General appearing for the
respondent/State submits that after dismissal of the Writ Petition, the
Respondent-Authority started removing the illegal construction at 07:30 AM
and continued till 9:15 AM and thereafter, on oral request made by the
appellant/petitioner, seven days’ time has been granted to avail the alternative
remedy available under the law.
5. In view of the aforesaid, we hereby dispose of this Writ Appeal
with following instructions :
(a) The order dated 27.02.2026 passed in Writ Petition
No.7146/2026 by the Writ Court is hereby upheld, so far it relates to granting
of liberty to the appellant/petitioner to avail the alternative remedy available
under the law.
(b) Any observation made by the Writ Court on merits of the case,
shall not come in way of the Authority, Forum or Civil Court while deciding
the issues between the parties.
(c) The State Government shall be at liberty to oppose on merits as
no reply was filed in Writ Petition.
(d) Keeping in view, the upcoming Holi vacation and Eid festival,
Signature Not Verified
Signed by: SHIVANI TIWARI
Signing time: 2/28/2026
2:34:55 PM
NEUTRAL CITATION NO. 2026:MPHC-IND:58923 WA-674-2026
instead of one week, we find it appropriate to grant one month’s time to the
appellant/petitioner so that the appellant/petitioner may get a temporary
injunction from the Appropriate Authority; till then, parties shall maintain
status quo as on the day and time of passing of this order.
6. With the aforesaid directions, present Writ Appeal is disposed of.
7. Certified Copy today.
(VIVEK RUSIA) (DWARKA DHISH BANSAL)
JUDGE JUDGE
Shivani
Signature Not Verified
Signed by: SHIVANI TIWARI
Signing time: 2/28/2026
2:34:55 PM