Prayagraj, Jul 1: The state government on Thursday filed a counter-affidavit (reply) before the Allahabad high court on the petition filed by Parveen Fatima, wife of June 10 Prayagraj violence accused Javed Mohammad, challenging the demolition of her house on June 12.
In the reply, it was stated that the nameplate of Javed Mohammad was affixed on the gate of the house, which was demolished and the office of the ‘Welfare Party of India’ was being run in the house that was a residential area. This shows that Javed was the occupant of the house.
The court granted one week’s time to the petitioners (Parveen Fatima and her daughter Sumaiya Fatima) to file a rejoinder affidavit and fixed July 7 as the next date of hearing in the case. The bench comprising Justice Anjani Kumar Mishra and Justice Syed Waiz Mian passed the order on the petition filed by Fatima and her daughter. In its counter-affidavit, the state government also raised a preliminary objection to the maintainability of the writ petition. According to the state government, the petitioner had not challenged the demolition order dated May 25 in the writ petition, and the same was not brought on record therefore the plea was liable to be dismissed. Further, it was stated in the affidavit that as per law, any person aggrieved by the demolition order of the development authority has the alternative remedy of filing an appeal against the order before the chairman of the authority. Hence, the writ petition was not maintainable as an alternative remedy was available to the petitioners.
The petitioners had alleged that the house doesn’t belong to Javed Mohammad but is owned by his wife Fatima who had received the same gift from her parents before her marriage and the Prayagraj Development Authority (PDA) did not serve any notice on her. A notice, with the house number listed, was addressed to her husband Mohammad Javed, activist and businessman who was arrested on June 10 on charges of allegedly instigating violent protests against derogatory remarks targeting the Prophet.