The Uttar Pradesh government on Thursday told the Allahabad High Court that the house demolished in Prayagraj following the June 10 violence had the nameplate of main accused Javed Mohammad on its gate.
In its counter-affidavit against the petition filed by the wife and daughter of Javed Mohammad challenging the demolition of their house, the state government raised preliminary objection to maintainability of the writ petition.
The petitioners have not challenged the May 25 order for the anti-encroachment action and it has not been brought on record.
Therefore, the writ petition deserves to be dismissed, the state government said.
Justice Anjani Kumar Mishra and Justice Syed Waiz Mian gave a week's time to the petitioners Javed Mohammad's wife Parveen Fatima and daughter Summaiya Fatima -- to file rejoinder and fixed July 7 as the next date of hearing in the matter.
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The counter-affidavit stated that the gate of the house which was demolished had a plaque bearing the name of Javed Mohammad and the office of the Welfare Party of India was being run from there, even though the property was in a residential area. This shows that Javed was in possession of the house.
According to the petition filed by the accused's wife and daugher, The house did not belong to Javed Mohammad, but was owned by Fatima, who had received it as a gift from her parents before marriage.
The petitioners alleged that the Prayagraj Development Authority's notice, with the house number listed, was not addressed to Fatima but to her husband Javed Mohammad, the activist and businessman who was arrested on June 10 on charges of instigating violent protests against derogatory remarks targeting Prophet Mohammad.
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