The Allahabad High Court in the case observed and has stayed the demolition drive which is being carried out by the local Authority of Agra on the land claimed by Radhasoami Satsang Sabha, a religious and charitable society headquartered in Dayalbagh.
The bench headed by Justice Manish Kumar Nigam in the case obserevd and has directed both the parties to maintain status quo till the next date of listing.
However, the Society approached the High Court stating it received two notices from the Tehsildar of Sadar area, dated September 14, 2023 and September 15, 2023, which requires it to show cause as to why its construction over the disputed land be not removed.
It has also been alleged before the court that while the said authority had not jurisdiction over the disputed land, however, the very next day, the Authorities began demolishing the gate and boundary walls erected by the society, even prior to passing of demolition orders.
The petitioner in the plea contended that the notices had not been served upon it for the demolition on certain khasras. Thus, two properties, khasras, over which the said demolition has been carried out are protected by interim orders passed by the Allahabad High Court in separate proceedings.
Further, the plea averred that the police lathi charged the karsevaks who had gathered on the fields of Radhasoami Satsang Sabha, without any warning or notice. Thus, it has also been claimed that the women and children were the part of the group that was beaten by the police.
However, the preliminary objection was raised by the State as to the maintainability of the writ petition as against the order of demolition, wherein it is stated that the petitioner has the remedy of statutory appeal. Further, the State alleged that after the demolition, the petitioner in the case had proceeded to reconstruct the gate which was demolished.
The counsel appearing for the Petitioner opposed the objection, and brought on record the demolition order allegedly passed without conducting any proceedings pursuant to the notices which is issued to the society.
The counsel, Advocate Ujjwal Satsangi appeared for the petitioner.
The counsel, Additional Advocate General Neeraj Tripathi assisted by J.N. Maurya represented the respondents.
