Allahabad HC sets aside demolition order on Agra’s Radhasoami Satsang Sabha

The HC in its judgment dated November 8, 2023, directed that it will be open for the state authorities to pass fresh orders after providing opportunity of hearing to the petitioners

The Allahabad high court has set aside an order passed by the tehsildar, Sadar, Agra on September 22, 2023, whereby the district administration of Agra had initiated a demolition drive against Radhasoami Satsang Sabha of Agra. The court said the tehsildar’s order was passed without hearing to the petitioner.

On the basis of report of the lekhpal, the tehsildar, Sadar, Agra on September 22, 2023 passed an order holding that the property in dispute is in unauthorised possession of the Radhasoami Satsang Sabha, which is required to be removed. (For Representation)

in his order of September 22 this year, the tehsildar had directed the sabha to remove its possession over the property in dispute. However, while allowing the writ petition filed by the Radhasoami Satsang Sabha, Justice Manish Kumar Nigam in the judgment dated November 8, 2023, directed that it will be open for the state authorities to pass fresh orders after providing opportunity of hearing to the petitioners in accordance with law without being prejudiced by any of the findings recorded by this court in this judgment, as according to the court, it has has not considered the merits of the claim of the petitioner.

Giving this judgment, the court observed, “... I am of the view that the action by the respondent against the petitioner is without adequate notice to the petitioner and is in violation of the principle of natural justice”. Earlier, on behalf of the state government, the petition was opposed on the ground that the petitioner has an alternative remedy to file an appeal before the sub-divisional magistrate under section 27 of the UP Revenue Code.

On the basis of report of the lekhpal, the tehsildar, Sadar, Agra on September 22, 2023 passed an order holding that the property in dispute is in unauthorised possession of the Radhasoami Satsang Sabha, which is required to be removed. Hence, a demolition drive was initiated against Radhasoami Satsang Sabha of Dayalbagh in Agra.

Consequently, on September 24,2023 when a revenue team reached on the spot to raze the construction, a clash took place in which several people were injured. Later, the court directed the Agra DM and other concerned authorities to maintain status quo with regard to the properties of Radhasoami Satsang Sabha.