Radhasoami Satsang Sabha Demolition | Allahabad HC Reserves Verdict, Extends Status Quo Order Till Then

The Allahabad High Court on Monday reserved its Judgment in a plea challenging Agra local authority's demolition drive concerning a piece of land claimed by Radhasoami Satsang Sabha, a religious and charitable society headquartered in the Dayalbagh area of the district.

A bench of Justice Manish Kumar Nigam has also directed both the parties (Radhasoami Satsang Sabha and Local administration) to maintain the status quo till the delivery of the verdict. 

It may be noted that the Society has approached the High Court challenging two notices from the Tehsildar of Sadar area (of 14th and 15th September 2023) requiring it to show cause as to why its construction over the disputed land be not removed.

It has been contended in its writ plea that even though the said authority had no jurisdiction over the disputed land, it began demolishing the gate and boundary walls erected by the society, even prior to the passing of demolition orders.

In its writ petition, the Petitioner has contended that notices had not been served upon it for demolition on certain khasras. Further, two properties (khasras) over which demolition has been carried out are protected by interim orders passed by the Allahabad High Court in separate proceedings.

The plea further avers that on the next day, the police lathi-charged the karsevaks who had gathered on the fields of Radhasoami Satsang Sabha, without giving them any warning or notice. It has also been claimed that women and children were a part of the group that was beaten by the police.

A preliminary objection was raised by the State as to the maintainability of the writ petition against the order of demolition, stating that the petitioner has the remedy of statutory appeal. Further, the State alleged that after the demolition, the petitioner had proceeded to reconstruct the demolished gate.

On September 27, the Counsel for the petitioner strongly opposed the objection and brought on record the demolition order allegedly passed without conducting any proceedings pursuant to the notices issued to the society.

Senior Advocate Anurag Khanna assisted by Advocate Ujjawal Satsangi appeared for the petitioner. Additional Advocate General Neeraj Tripathi assisted by J.N. Maurya appeared for the respondents.

Case Citation: 2023 LiveLaw (AB) 387