HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9207 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This petition has been filed with the following prayers:- "i) Issue a direction, order or writ in the nature of Mandamus Commanding to the respondents not to dig a large hollow on appurtenant land to the south wall of building of Manav Jivan Sudhar Bramhacharya Sanskrit Mahavidyalaya Dalmau, District Raibareli for disposal of idols of Goddess Durga. ii) Issue a direction order or writ commanding to the respondents to shift the place of disposal of idols of Goddess Durga from the land appurtenant to the building of aforesaid institution/Ashram, as have been written by respondent no.5 to respondent no.3 i.e. Annexure No.P-4 to this writ petition." 3. It has been submitted by learned counsel for petitioner that the petitioner's 'Math' was set up in the year 1944 on the bank of holy river Ganga at Dalmau, District Raebareli and in 1953 the building was constructed as Manav Jivan Sudhar Sangh. The said institution was given recognition by Sampurnana Nand Sanskrit University, Varanasi for imparting Sanskrit education and had been given grant-in-aid since the Versus Counsel for Petitioner(s) : Pankaj Kumar Tiwari Counsel for Respondent(s) : C.S.C. Shri Manav Jivan Sudhar Bramhachayra Sanskrit Mahavidyalay Thru. Principal Umakant Awasthi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 5 Others .....Respondent(s) year 1979. Adjacent to the south wall of the petitioner's institution is holy river Ganga. Since 2018 the respondent nos.3,4,5 and 6 i.e. Sub- Divisional Magistrate, Sub-District Dalmau, Tehsildar, Dalmau, Nagar Panchayat, Dalmau and Station House Officer, Kotwali-Dalmau started digging large pits ad-measuring 50X50 feet for disposal of idols of Goddess Durga coming from various places in the District Raebareli. As a result of large pits being dug adjacent to the building of the petitioner cracks have appeared in the wall of the building and it has leaned to merge the southern side. Huge expenses were incurred in repairing of the same. The petitioner moved a representation to the respondent no.2 on 06.09.2022 complaining about digging of land in question and praying that some other place be selected for disposal of idols of Goddess Durga. The respondent no.2 referred the matter to the respondent no.3 and the respondent no.3 referred it to the respondent no.5-Nagar Panchayat Dalmau, who did not take any action. The respondent no.5, however, officially requested the respondent no.3 to reserve the land situated at Tarai Ghat for disposal of idols of Goddess Durga through his letter dated 18.08.2023, copy of which has been filed as annexure no.4 to the writ petition. Nothing has been done in the matter. Thereafter this petition has been filed. 4. Learned Standing Counsel has produced instructions before this Court sent by the Sub-Divisional Magistrate, Dalmau, Raebareli dated 12.09.2025 wherein it has been stated that the immersion of idols of Goddess Durga during Dussehra festival is being done on the river bank of Ganga by digging large pits thereon. These pits are being dug up next to river Ganga on the banks and not next to the southern wall of the building of Manav Jeevan Sudhar Brahmcharya Sanskrit Mahavidhyala as alleged. 5. It has further been stated that no damage has been caused to the southern wall of the institution as alleged. It has also been stated that gata no.2661/1 area 0.0530 hectare is recorded in ZA khatauni of town area Dalmau in the name of Amar Nath, son of Triveni Prasad and on his gata of land one small Math has been constructed and on this Math Sanskrit Mahavidhyala is being run by the petitioner-Samiti. The Manav Jeevan Sudhar Brahmcharya Sanskrit Mahavidhyala, Dalmau does not WRIC No. 9207 of 2025 2 have any land of its own near river Ganga. The instructions are kept on record. 6. The writ petition is disposed of with a direction to the Sub-Divisional Magistrate, Dalmau, District Raebareli to take into account the letter dated 18.08.2023 sent to his office by the Executive Officer, Nagar Panchayat, Dalmau and explore the possibility of shifting the pits being dug up for immersion of idols of Goddes Durga in such a manner so as not to disturb the construction raised by the petitioner for Sanskrit College. September 18, 2025 Renu/- WRIC No. 9207 of 2025 3 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench