The Allahabad High Court in the case observed and has quashed the demolition proceedings which are initiated at the instance of Agra Local Administration against a piece of land claimed by Radhasoami Satsang Sabha, a religious and charitable society headquartered in the Dayalbagh area of the district.
The bench headed by Justice Manish Kumar Nigam in the case observed and has directed the parties i.e., the Radhasoami Satsang Sabha and Local administration to maintain the status quo till October 16, 2023.
The court noted that the Society has approached the High Court wherein it challenged two notices from the Tehsildar of Sadar area of September 14 and September 15, 2023, thus, requiring it to show cause as to why its construction over the disputed land be not removed.
It has also been contended in the writ plea moved 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.
The petitioner in the writ plea moved contended before the court that the notices had not been served upon it for demolition on certain khasras. Thus, two properties, the khasras over which the demolition has been carried out are protected by interim orders passed by the Allahabad High Court in separate proceedings.
Further, the plea averred 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 before the court that women and ch d that women and children were a part of the group that was beaten by the police.
Therefore, the preliminary objection was raised by the State as to the maintainability of the writ plea against the order of demolition, stating that the petitioner has the remedy of statutory appeal.
It has also been alleged by the State that after the demolition, the petitioner had proceeded to reconstruct the demolished gate.
The counsel appearing for the petitioner submitted before the court that 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.
The counsel, Senior Advocate Anurag Khanna assisted by Advocate Ujjawal Satsangi appeared for the petitioner.
The counsel, Additional Advocate General Neeraj Tripathi assisted by J.N. Maurya represented the respondents.
