Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:5144 Court No. - 49 Case :- WRIT - B No. - 4541 of 2024 Petitioner :- Irshad Ahmad Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Ayub Khan,Mohammad Alam Counsel for Respondent :- Mashhood Abbas, Zeeshan Mazhar,C.S.C. Hon'ble J.J. Munir,J.
1. Heard Mr. Ayub Khan, learned Counsel for the petitioner in support of this petition at length, Mr. Zeeshan Mazhar, learned Counsel for respondent nos. 3 to 5 and Mr. Mashhood Abbas,
learned Counsel appearing on behalf of the U.P. Commission for Minorities, Lucknow.
2. The petitioner has assailed an order, passed by the U.P. Commission for Minorities dated 27.02.2024, directing the Collector and the Superintendent of Police Azamgarh not to interfere in the applicant's construction over gata no. 611 admeasuring 0.017 hectares situate at Village- Sanjarpur, Pargana & Tehsil- Nizamabad, District- Azamgarh.
3. Learned Counsel for the petitioner submits that the U.P. Commission for Minorities has no jurisdiction to pass this kind of an injunction particularly when the matter is engaging the attention of this Court in Writ- B No. 459 of 2024, filed by Faizan Ahmad and two others. Faizan Ahmad and the other two petitioners, in that writ petition, are respondent nos. 3 to 5 to this writ petition. So far as the petitioner is concerned, he does not claim any personal right in the land comprising gata no. 611 aforesaid. He says that he is espousing a public cause and standing up for the Gaon Sabha. This
apparently is not a Public Interest Litigation nor one is needed because parties are alive to their rights and are litigating them through competent proceedings brought before this Court. The issue whether the Minorities Commission has jurisdiction of this kind, is not required to be gone into since the petitioner here has no locus standi to maintain this writ petition. That question is left open.
4. This petition is, accordingly, dismissed as not maintainable.
Order Date :- 9.1.2025 Prashant D./Vijay Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad