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PRAYAGRAJ: The Allahabad high court has set aside an order passed by tehsildar of Agra Sadar whereby the district administration had initiated a demolition drive against Radhasoami Satsang Sabha of Agra.
The court said the tehsildar’s order was passed without hearing the petitioner.
In his order passed on September 22 this year, the tehsildar had directed Sabha to remove its possession over the property in dispute.
However, while allowing the writ petition filed by Radhasoami Satsang Sabha in its judgment dated November 8, Justice Manish Kumar Nigam had directed that it will be open for the respondent — state authorities — to pass fresh orders after providing hearing the petitioners without being prejudiced by any of the findings recorded by this court since the court has not considered the merits of the claim of the petitioner.
The HC observed that though the notices were served upon the petitioner, it is clear from the record that the petitioner was not served notice of the proposed action (demolition) under Section 26 of UP Revenue Code, 2006, except for the two Khasra Nos. 309 & 320 of village Jaganpur, Tehsil Sadar, Agra. Thus, the action by the respondent against the petitioner was in violation of the principle of natural justice, the bench added.
Earlier, the state government’s counsel had opposed the petition on the ground that the petitioner has an alternative remedy to file appeal before the sub-divisional magistrate under Section 27 of UP Revenue Code.
A revenue team of Agra administration had reached the disputed site on September 24 to demolish the construction but a clash took place when members of the Sabha opposed the demolition. Many people were injured in the clash.
Later, the court had directed Agra DM and other officials to maintain status quo with regard to the properties of Radhasoami Satsang Sabha.
The court said the tehsildar’s order was passed without hearing the petitioner.
In his order passed on September 22 this year, the tehsildar had directed Sabha to remove its possession over the property in dispute.
However, while allowing the writ petition filed by Radhasoami Satsang Sabha in its judgment dated November 8, Justice Manish Kumar Nigam had directed that it will be open for the respondent — state authorities — to pass fresh orders after providing hearing the petitioners without being prejudiced by any of the findings recorded by this court since the court has not considered the merits of the claim of the petitioner.
The HC observed that though the notices were served upon the petitioner, it is clear from the record that the petitioner was not served notice of the proposed action (demolition) under Section 26 of UP Revenue Code, 2006, except for the two Khasra Nos. 309 & 320 of village Jaganpur, Tehsil Sadar, Agra. Thus, the action by the respondent against the petitioner was in violation of the principle of natural justice, the bench added.
Earlier, the state government’s counsel had opposed the petition on the ground that the petitioner has an alternative remedy to file appeal before the sub-divisional magistrate under Section 27 of UP Revenue Code.
A revenue team of Agra administration had reached the disputed site on September 24 to demolish the construction but a clash took place when members of the Sabha opposed the demolition. Many people were injured in the clash.
Later, the court had directed Agra DM and other officials to maintain status quo with regard to the properties of Radhasoami Satsang Sabha.
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