The Gujarat High Court sought the Kutch Collector’s response regarding the June 21 demolition of Mohamadi Masjid. The mosque management said authorities acted too fast after issuing a June 18 notice. Justice Niral R Mehta directed the Collector to file an affidavit by October 19 to explain the quick action.

A show-cause notice, a reply and an encroachment order issued in quick succession preceded the June 21 demolition of Mohamadi Masjid in Kutch district.

The Gujarat High Court has now sought the Kutch Collector's response to a petition alleging that the authorities acted before the mosque's managing body had a fair opportunity to challenge the encroachment proceedings.

Justice Niral R Mehta on Tuesday directed the District Collector, Kutch, to file an affidavit by October 19 and listed the case for further consideration on October 22.

The High Court was hearing a petition, filed by Mohamadi Masjid Jamat through its trustee and mutawalli, Sidhik Tejmal Sama, challenging the action taken by the authorities and seeking a declaration that the demolition was illegal, arbitrary and unconstitutional.

According to the petitioner, the Mamlatdar, Bhuj (Rural), issued a show-cause notice on June 18 under Section 61 of the Gujarat Land Revenue Code, alleging encroachment on government land. The notice was received on June 19 at 1 pm, leaving the managing body only two days to submit its response and supporting evidence, the petition states. The petitioner says it submitted a reply on June 20. However, an order dated June 19 had already declared, among other things, that the mosque was encroaching on government land. The mosque was demolished on June 21, before the managing body could effectively challenge the order, according to the petition.

The sequence of events forms the crux of the contention before the HC as the petitioner has challenged the lack of time to challenge the notice. The petition seeks quashing of the Mamlatdar's order and a declaration that the demolition violated constitutional protections and binding directions of the Supreme Court. It has also sought restoration of the mosque, compensation for the demolition and departmental, disciplinary and other legal action against the officials responsible. The petition further seeks protection of the site against the creation of third-party rights, permanent construction or other alterations while the dispute is pending.

The court order states, "Considering the aforesaid peculiar facts, let the Collector, Kutch, file an affidavit on or before 19.10.2026."

The High Court, for now, has not made any observations on the legality of the demolition.