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2025 DAILYLAW 167434 (ALL)

MADARSA JAMIA ARBIA ULOOM, BARABANKI THRU. MANAGER, TAUSIF AHMAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE, LKO AND 8 OTHERS

WRIC/9615/2025 · 2025-10-09

Jaspreet Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9615 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard Shri Vashu Deo Mishra, learned counsel for the petitioner and Shri Upendra Singh, learned Standing Counsel. He has accepted notice on behalf of the respondents no.1, 2 and 6. By means of the instant petition, the petitioner prays for the following reliefs:- "(A) Issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite party no.2 to 6 not demolish the building constructions of Madarsa Jamia Arbia Uloom situated at land Gata No.1051/0.121 hectare village and post pargana Kursi Tehsil Fatehpur, District Barabanki, during the pendency of appeal No.2804/2024 (Madarsa Jamia Arbia Uloom Vs. Sahajram and others) under section 207 of Uttar Pradesh Revenue Code 2006 before the court of learned Additional Commissioner, Region Ayodhya. ((B) Issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite party no.2 to 6 to comply/obey the interim order dated 13.11.2024 passed by learned Additional Commissioner, Ayodhya Regiona Ayodhya passed in Appeal no.2804/2024 (Madarsa Jamia Arbia Uloom Vs. Sahajram and others) under section 207 of Uttar Prdesh Revenue Code, 2006." Versus Counsel for Petitioner(s) : Vashu Deo Mishra, S.K. Mishra Nagraha Counsel for Respondent(s) : C.S.C. Madarsa Jamia Arbia Uloom, Barabanki Thru. Manager, Tausif Ahmad .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue, Lko And 8 Others .....Respondent(s) It is urged that the petitioner has filed an appeal which is engaging the attention of the Additional Commissioner, District Barabanki, Tehsil Fatehpur wherein the appeal of the petitioner was admitted and an order directing the parties to maintain status quo was also passed. It is stated that the said order is being extended from time to time and now the matter is listed on 14.11.2025. It is further urged that on 04.09.2025, the police authorities attempted to dispossess the petitioner and despite having informed the said authorities of the order passed by the appellate court yet it went unheard. However, they could not be successfully dispossess the petitioner and now being under an apprehension the instant petition has been filed. Shri Upendra Singh, learned Standing Counsel for the State respondents has provided a copy of the written instruction dated 25.09.2025 under the signature of Tehsildar Fatehpur, District Barabanki informing that the pictures which have been annexed by the petitioner in the writ petition does not relate to the dispute in question. There was never any attempt to remove or interfere the property relating to the petitioner rather a team had gone to remove the road side encroachment and since the encroaches themselves had removed the said encroachment, hence no further action was required and in the aforesaid circumstances, the entire premise as well as the apprehension of the petitioner is misplaced. In view of the stand as taken by the State authorities, no further adjudication is required in the instant petition. Accordingly, it is dismissed. However, the appellate court is directed to expedite the proceedings so that the matter can be taken to its logical conclusion. October 9, 2025 ank WRIC No. 9615 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench