Naseem Azam Shah vs State Of U P And 6 Others
2023 Latest Caselaw 2556 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- WRIT - C No. - 34348 of 2018
 
Petitioner :- Naseem Azam Shah
 
Respondent :- State Of U P And 6 Others
 
Counsel for Petitioner :- Imran Khan,Alam Ara,Gulhuma,Sr. Advocate V.M. Zaidi
 
Counsel for Respondent :- C.S.C.,Awadhesh Kumar Yadav,Krishnanand Yadav
 
Connected with
 
Case :- WRIT - C No. - 44448 of 2017
 
Petitioner :- Ram Awadh
 
Respondent :- District Magistrate Maharajganj And 3 Others
 
Counsel for Petitioner :- Krishna Nand Yadav
 
Counsel for Respondent :- C.S.C.,Alam Ara,Gulhuma,Imran Khan
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Vivek Kumar Singh,J.

Heard Shri V.M. Zaidi, Senior Advocate assisted by Shri Alam Ara, learned counsel for the petitioner-Naseem Azam Shah; Shri Krishna Nand Yadav, learned counsel for the respondent no.6 and learned Standing Counsel for the State-respondents.

Both the writ petitions are being disposed of by common judgment as the controversy involved therein is the same.

In leading writ petition the petitioner is seeking following principal reliefs:-

"(i) Issue writ, order or direction in the nature of certiorari for quashing the impugned order dated 07.5.2016 (Annexure No.6) passed by the respondent no.2 and the order dated 24.4.2015 (Annexure No.4) passed by the respondent no.4.

(ii) issue writ, order or direction in the nature of mandamus commanding the respondent authorities not to permit the respondents no.6 & 7 and members of their community to take out any procession or any religious activities through the private pathway of the petitioner situated over Plot Nos.123, 178, 219, 222, 224, 227 or through in front of the Shrine of petitioner in Village Semra, Police Station Chowk, District Maharajganj.:

In the connected writ petition the petitioner has prayed following reliefs:-

"(a) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 07.5.2016 (Annexure No.1 to this writ petition) passed by the District Magistrate, Maharajganj in Misc. Case No.14 of 2016 (Ram Awadh and others vs. State of UP and others).

(b) issue a writ, order or direction in the nature of mandamus directing the District Magistrate, Maharajganj to reconsider the matter and pass appropriate order in view of report dated 07.9.2017 submitted by Tehsildar, Nichlaul, District Maharajganj."

We have occasion to peruse the record in question and find that the petitioners are permanent resident of Village Semra, Police Station Chowk, District Maharajganj. They have filed the aforesaid writ petitions challenging the impugned order dated 7.5.2016 passed by the District Magistrate, Mahrajganj, wherein he has made an observation that the parties are performing their traditional rituals as per their customary law since ages. We do not find any infirmity and illegality in the same. In case the petitioners claim to be owner of the dispute property and there is any incursion or illegal trace-pass, it is always open to them to invoke the common law remedy as available in law.

Suffice to indicate that in case there is any law and order situation, it is paramount responsibility of the District Magistrate to ensure the harmony in both the communities. The parties have also ensured that they will continue to perform their rituals as per customary law and would not venture any such activity, which may create any law and order situation on the spot.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 24.1.2023

P.S.Parihar