Allahabad HC suspends order on fair mgmt, says DMs can’t act as ‘plenipotentiary’

The court also permits petitioners to organise the fair in Pheona village of Bijnor district, subject to necessary permissions from the authorities

The Allahabad high court has held that district magistrates cannot act like ‘plenipotentiary’. A division bench comprising of Justice JJ Munir and Justice Vivek Saran said that DMs must not exercise powers as if they were plenipotentiaries in their districts.

The high court noted that the petitioners had earlier instituted a civil suit against the Gaon Sabha and certain rival parties who disputed their right to hold the traditional fair. (For Representation)

With this observation, the high court suspended an order passed by the then district magistrate, Bijnor, concerning the management of the traditional annual ‘Jaahar Divan (Goga Naumi)’ fair, observing that the order was prima facie without jurisdiction and amounted to an apparent usurpation of jurisdiction.

The high court in its October 27 order admitted the writ petition and granted two weeks to the state respondents to file their counter affidavit. The notice was issued to the private respondent fixing November 17 for the next hearing.

The court also permitted the petitioners to organise the fair in Pheona village of Bijnor district, subject to necessary permissions from the authorities.

“This court has, time and again, cautioned DMs not to exercise powers as if they are plenipotentiaries in the district, who can pass any kind of an order, the jurisdiction whereof may lie with another District Level Officer or a Judge, but this is yet another instance of usurpation of jurisdiction, prima facie”, the high court observed.

The then DM’s order dated August 29, 2025 handed over management of the traditional fair to the Gaon Sabha and assigned its revenues to it through a three-member committee of revenue officials. Subsequently, it was challenged before the high court by the committee of management of Sarvajanik Arya Inter College and another.

After hearing both sides, the high court noted that the petitioners had earlier instituted a civil suit against the Gaon Sabha and certain rival parties who disputed their right to hold the traditional fair.

The suit, which sought an injunction against interference with the petitioners’ right to organise the fair was decreed in their favour by the 2nd additional civil judge (senior division), Bijnor on December 2, 1997, in the original suit of 1982.

The high court observed that the DM’s order runs in the teeth of the decree of the civil court in favour of the petitioner and against the Gaon Sabha, amongst others. The order under challenge was passed when IAS officer Jasjeet Kaur was serving as the DM of Bijnor. Later, she was transferred.