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2025 DAILYLAW 139383 (ALL)

HAJI HARMAN SAHAB DARGAH THRU. COMMITTEE MEMBER OF MANAGEMNET COMMITTEE KGMU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 5 OTHERS

WRIC/4460/2025 · 2025-05-09

Ajai Kumar Srivastava I, Attau Rahman Masoodi

body2025

Judgment text

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Court No. - 1 Case :- WRIT - C No. - 4460 of 2025 Petitioner :- Haji Harman Sahab Dargah Thru. Committee Member Of Managemnet Committee Kgmu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 5 Others Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- C.S.C.,Shubham Tripathi Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Shubham Tripathi learned counsel who has put in appearance on behalf of the KGMU. 2. Sri Shubham Tripathi, learned counsel for the KGMU has firstly questioned the very maintainability of the present writ petition on the ground that the petitioner no. 2 has not filed any authority to sue which has been conferred upon him by the petitioner no. 1 that too when the petitioner no. 1 is not a registered body. 3. As to whether the petitioner no. 2 is a lineal descendant or not, the question remains unclear although the pedigree has been filed and reproduced in the pleadings. 4. Be that as it may, two popular shrines which are popularly known as Dargah Shahmeena Shah and Haji Harman Sahab Dargah are situated in the adjoining campus of KGMU. 5. Learned counsel for the KGMU has stated that no damage is being caused to the properties of Dargah Shahmeena Shah and Haji Harman Sahab Dargah so far as the extent of the periphery of the Dargah is concerned and no obstruction is caused for the devotees to visit the Dargah and pay homage or observe any rituals whatsoever. 6. Insofar as the construction of unauthorized shops etc., if any, are concerned, KGMU has proposed to proceed in accordance with law, we make it clear that any proceeding regarding unauthorized construction of shops is left open subject to following procedure prescribed and as per the conditions clarified by Hon'ble the apex Court in the demolition case. 7. The writ petition is accordingly disposed of. . [Ajai Kumar Srivastava-I,J.] [Attau Rahman Masoodi, J.] Order Date :- 9.5.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench