A notice received on June 19, an alleged order the same day, a reply on June 20 and a demolition on June 21: the Gujarat High Court wants the Kutch Collector’s affidavit on the Mohamadi Masjid demolition plea.
Ahmedabad: The Collector of Kutch must file an affidavit on or before October 19 on a petition by the trustee of a mosque in Bhuj taluka, who alleges that the Mohamadi Masjid was demolished by revenue authorities without a meaningful opportunity to be heard, the Gujarat High Court has directed. The matter is listed on October 22 [Mohamadi Masjid Jamat through its Trustee/Mutawalli Sidhik Tejmal Sama v. State of Gujarat and Others].
The writ petition (Special Civil Application No. 14921 of 2026) was heard by Justice Niral R. Mehta, who, considering what the Court described as the “peculiar facts”, called upon the Collector, Kutch, to file the affidavit.
The timeline the petition sets out
As the petition tells it, the Mamlatdar of Bhuj (Rural) issued a show-cause notice on June 18, 2026 under Section 61 of the Gujarat Land Revenue Code. The notice was received on June 19 and gave two days to respond, and the mosque management filed its reply on June 20. The petitioner alleges that an order treating it as an encroacher on government land had already been passed on June 19, before the reply was filed, and that the structure was pulled down on June 21 without time to appeal.
What the mosque seeks
The petition argues that the action breached due process and the Supreme Court’s guidelines on demolitions. It asks for restoration of the mosque at its original location, just and fair compensation, and departmental, disciplinary and contempt action against the officers responsible. These are the petitioner’s allegations; they are untested.
No version from the State yet
Neither the State nor the Collector has yet put its version before the Court on record. The affidavit now ordered will be the first formal response on whether the land was government land, what notice was given and how the demolition was authorised.
A procedural question
The case turns on whether a notice, a reply and an order can lawfully follow each other within days, ending in demolition before any appeal could be filed. The Court has not decided that question and has expressed no view on the merits.
The Collector’s affidavit and the October 22 hearing will show how each side accounts for the timeline.
Case Title: Mohamadi Masjid Jamat through its Trustee/Mutawalli Sidhik Tejmal Sama v. State of Gujarat and Others [Special Civil Application No. 14921 of 2026]
Bench: Justice Niral R. Mehta, Gujarat High Court
Date of Order: October 13, 2026
Appearances: Advocate Rizwan Shaikh for the petitioner