# Waqf No. 19 Dahgah Sahrif & Ors v. State of U.P. & Anr. Opp. Parties

- **Citation:** (2025) 7 ILRA 837
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-07-17
- **Case number:** Writ-C No. 4426 of 2025
- **Bench:** Attau Rahman Masoodi, Subhash Vidyarthi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/waqf-no-19-dahgah-sahrif-ors-v-state-of-u-p-anr-opp-parties-53657
- **Pages:** 8

## Headnote

Magistrate's order dated 26.04.2025 declining
permission for organizing the Annual Jeth Mela
838 INDIAN LAW REPORTS ALLAHABAD SERIES
- 2025 at Dargah Syed Salaar Masood Ghazi
(R.A.), Bahraich, and whether such denial
violates the petitioners' rights under Articles 14,
21, 25, 26 and 29 of the Constitution of India.

Headnotes
Writ petition under Article 226 - Challenge
to administrative refusal to permit Annual
Jeth Mela at Dargah Sharif, Bahraich -
Petitioners
contended
that
refusal
infringes fundamental rights of freedom of
religion,
conscience
and
cultural
expression - Security and public order
concerns
due
to
Indo-Nepal
border
sensitivity
and
national
security
operations - Article 25 protects ritualistic
practices unless they threaten public order
or security of State - Courts must not
assess rituals by reason or science -
Administration of Dargah - Committee
responsible
for
management
and
coordination with State authorities.
Held: Ritualistic practices and usages existing
since time immemorial cannot be obstructed by
the State on trivial grounds when they promote
cultural harmony - Committee of Management
directed to ensure effective administration of
Urs and Jeth Mela by installing CCTV and
cooperating with administration for public safety
Protection under Article 25 extends to such
rituals subject only to two exceptions - threat to
public order and security of the State - State's
interference with long-recognized faith practices
on trivial grounds cannot be justified -
Impugned
order
has
lost
efficacy;
apprehensions have been dispelled - petitions
disposed of in terms of interim order- Parties to
bear own costs. (Para 4, 10, 14, 23, 24, 27, 28,
30,31,32) (E-7)

Case Law Cited
Gulam Abbas and Ors. v. State of U.P. and Ors.,
(1982) 1 SCC 71; Ram Gopal Tripathi v. Dr.
Sarvajeet Herbert, 2003 SCC OnLine All 550
= 2003 (5) AWC 3910; D.S. Joseph v. State
of U.P. and Ors., 2005 Cr.L.J. 709

List of Acts
Constitution of India

List of Keywords
Annual Jeth Mela - Dargah Sharif - Ritualistic
practices - Fundamental rights - Freedom of
conscience - Public order - Security of the State
- Composite constitutional morality - Interfaith
harmony - Operation Sindoor - Indo-Nepal
border - Urs - CCTV installation - Law and order

Case Arising From
Order of the District Magistrate, Bahraich, dated
26.04.2025 declining permission to organize
Annual Jeth Mela - 2025 at Dargah Syed Salaar
Masood Ghazi (R.A.), Bahraich.

Appearances for Parties
Advs. for the Petitioners:
Dr. Lalta Prasad Misra, Syed Husain, Ms.
Annapurna Agnihotri, Ms. Arti Bali, Alok Kumar
Mishra, Akram Azad, Sayyed Faooq Ahmad,
Syed Mehfuzur Rehman, Vinod Kumar Yadav.
Advs. for the Respondents:
Sri Kuldeep Pati Tripathi, Additional Advocate
General for the State; Sri Farhan Habib, for U.P.
Sunni Waqf Board;

## Text

7 All. Waqf No. 19 Dahgah Sahrif & Ors. Vs. State of U.P. & Anr.
837
respondent nos. 4 & 5 initiated proceeding
under Section 21(1) of the U.P. C.H. Act
which has been entertained and allowed,
declaring 0.100 hect. area of plot no.258M
as chak out as well as disturbing the chak
of the petitioner by taking out the area from
plot no.258M and allotting him chak on
plot no.828, 261, 259, 258. The allotment
of chak proceeding cannot be initiated at
any time during consolidation operation on
the ground that plot in question is the
original road-side plot of the tenure holder
concerned. It is correct that road-side plot
is to be allotted to the original tenure holder
but if no proper objection has been filed by
the original tenure holder within the
limitation as provided under the U.P. C.H.
Act, the consolidation will be otherwise.
The case of the petitioner is that the surface
of plot no.258 at the time of allotment to
petitioner was in uneven/irregular condition
and petitioner has developed the same, as
such, the highly time-barred proceeding
initiated by respondent nos. 4 & 5 is
nothing but abuse of process of law.

11. It is also relevant to mention that
once the relief for declaring the plot no.258
as C.H. 18 under Section 9-A(2) of the U.P.
C.H. Act has been refused by the
consolidation authorities and order has
been maintained by this court, then the
consolidation authorities cannot declare the
area of plot no.258 as C.H. 18 in the
allotment
of
chak
proceeding.
The
procedure prescribed under the U.P. C.H.
Act is to be followed in proper manner
otherwise the entire proceeding will be
vitiated.

12. It is also material to mention that
this Court while deciding Writ B No.42518
of 2015 filed by respondent nos. 4 & 5,
arising out of proceeding under Section 9A(2) of the U.P. C.H. Act has taken into
consideration the claim of respondent nos.
4 & 5 to declare that plot no.258 as C.H. 18
and held that plot no.258 has been rightly
refused to be declared as C.H. 18.

13. Considering the entire facts and
circumstances of the case, the impugned
orders
dated
18.11.2020,
passed
by
respondent
no.1/Deputy
Director
of
Consolidation, Bijnor; 8.6.2015, passed by
the Settlement Officer of Consolidation in
Appeal No.255; 13.4.2015 and 25.3.2015
passed by the Consolidation Officer in Case
No.191 cannot be sustained in the eye of
law which are liable to be set aside and the
same are hereby set aside.

14. The writ petition stands allowed.

15. No order as to costs.
----------
(2025) 7 ILRA 837
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 17.07.2025

BEFORE

THE HON'BLE ATTAU RAHMAN MASOODI, J.
THE HON'BLE SUBHASH VIDYARTHI, J.

Writ-C No. 4426 of 2025
Along with other connected cases

Waqf No. 19 Dahgah Sahrif & Ors.
 ...Petitioners
Versus
State of U.P. & Anr. ...Opp. Parties

Counsel for the Petitioners:
Lalta Prasad Misra, Syed Husain

Counsel for the Opp. Parties:
C.S.C.

Issue for Consideration
Matter pertains to the validity of the District
Magistrate's order dated 26.04.2025 declining
permission for organizing the Annual Jeth Mela
838 INDIAN LAW REPORTS ALLAHABAD SERIES
- 2025 at Dargah Syed Salaar Masood Ghazi
(R.A.), Bahraich, and whether such denial
violates the petitioners' rights under Articles 14,
21, 25, 26 and 29 of the Constitution of India.

Headnotes
Writ petition under Article 226 - Challenge
to administrative refusal to permit Annual
Jeth Mela at Dargah Sharif, Bahraich -
Petitioners
contended
that
refusal
infringes fundamental rights of freedom of
religion,
conscience
and
cultural
expression - Security and public order
concerns
due
to
Indo-Nepal
border
sensitivity
and
national
security
operations - Article 25 protects ritualistic
practices unless they threaten public order
or security of State - Courts must not
assess rituals by reason or science -
Administration of Dargah - Committee
responsible
for
management
and
coordination with State authorities.
Held: Ritualistic practices and usages existing
since time immemorial cannot be obstructed by
the State on trivial grounds when they promote
cultural harmony - Committee of Management
directed to ensure effective administration of
Urs and Jeth Mela by installing CCTV and
cooperating with administration for public safety
Protection under Article 25 extends to such
rituals subject only to two exceptions - threat to
public order and security of the State - State's
interference with long-recognized faith practices
on trivial grounds cannot be justified -
Impugned
order
has
lost
efficacy;
apprehensions have been dispelled - petitions
disposed of in terms of interim order- Parties to
bear own costs. (Para 4, 10, 14, 23, 24, 27, 28,
30,31,32) (E-7)

Case Law Cited
Gulam Abbas and Ors. v. State of U.P. and Ors.,
(1982) 1 SCC 71; Ram Gopal Tripathi v. Dr.
Sarvajeet Herbert, 2003 SCC OnLine All 550
= 2003 (5) AWC 3910; D.S. Joseph v. State
of U.P. and Ors., 2005 Cr.L.J. 709

List of Acts
Constitution of India

List of Keywords
Annual Jeth Mela - Dargah Sharif - Ritualistic
practices - Fundamental rights - Freedom of
conscience - Public order - Security of the State
- Composite constitutional morality - Interfaith
harmony - Operation Sindoor - Indo-Nepal
border - Urs - CCTV installation - Law and order

Case Arising From
Order of the District Magistrate, Bahraich, dated
26.04.2025 declining permission to organize
Annual Jeth Mela - 2025 at Dargah Syed Salaar
Masood Ghazi (R.A.), Bahraich.

Appearances for Parties
Advs. for the Petitioners:
Dr. Lalta Prasad Misra, Syed Husain, Ms.
Annapurna Agnihotri, Ms. Arti Bali, Alok Kumar
Mishra, Akram Azad, Sayyed Faooq Ahmad,
Syed Mehfuzur Rehman, Vinod Kumar Yadav.
Advs. for the Respondents:
Sri Kuldeep Pati Tripathi, Additional Advocate
General for the State; Sri Farhan Habib, for U.P.
Sunni Waqf Board;

(Delivered by Hon'ble Attau Rahman
Masoodi, J.)

(1) Writ-C No. 4426 of 2025 has been
filed by Waqf No. 19, Dargah Sharif,
Bahraich,
through
its
Committee
of
Management, jointly with the Committee
of Management of Dargah Sharif and four
private individuals, challenging the validity
of an order dated 26.04.2025 passed by the
District Magistrate, Bahraich declining
permission for organizing the Annual Jeth
Mela - 2025 at Dargah Syed Salaar Masood
Ghazi (RA), Bahraich. The petitioners have
sought a Writ of Mandamus commanding
the opposite parties to co-operate and coordinate in organizing the Jeth Mela - 2025
starting from 15.05.2025 and ending on
15.06.2025 and not to create any hindrance
in holding the Annual Jeth Mela by the
Management of Dargah Sharif, Bahraich
and also not create any hindrance in visit of
devotees of Dargah Sharif, Bahraich.

(2) P.I.L. No. 458 of 2025 has been
filed by five individual petitioners and
7 All. Waqf No. 19 Dahgah Sahrif & Ors. Vs. State of U.P. & Anr.
839
P.I.L. No. 463 of 2025 has been filed by six
individual petitioners substantially seeking
the same relief.

(3) As common questions have been
raised by all the petitioners of the three writ
petitions, all the three Writ Petitions are
being decided by this common judgment.

(4) The petitioners in Writ-C No.
4426 of 2025 have pleaded that the Dargah
Sharif,
Bahraich
exists
since
time
immemorial over the Mazar of Syed Salaar
Masood Ghazi (RA). An annual Urs is
organized every year in the month of
Basant, i.e., around February and the Jeth
Mela is organized in the month of Jeth, i.e.,
May/June. Lakhs of people from across the
country attend the annual Urs and the Jeth
Mela which not only had a leaning of faith
and spiritual significance, but also provides
an economic boost to the local people
across the caste, creed and religion and it
gives a boost to the national harmony
besides economic upliftment for the local
traders. The 'Urs' and 'Jeth Mela' are
organized by the management of Dargah
Sharif with co-ordination and co-operation of
the District Administration over the large
premises of Dargah Sharif with a large chunk
of its open land.

(5) On 01.04.1987, a Government
Order was issued providing that the
expenditure incurred in deployment of police
and making sanitation arrangements in
annual Urs/Mela of five Dargahs, including
Syed Salaar Masood Ghazi (RA), Bahraich,
be not recovered from the concerned waqf.
The management of the Dargah Sharif allots
land during Annual Jeth Mela to shopkeepers
for putting up temporary shops and also for
means of entertainment such as Circus, Jhulas
(swings),
Magic
Show,
Picture
show,
Nautanki etc.

(6) Every year, meetings are held
between the authorities of the District
Administration
and
the
Committee
of
Management of Dargah Sharif for smooth
organization of the Jeth Mela. This year also,
the Chairman of the Managing Committee of
Dargah had sent a letter dated 15.04.2025 to
the District Magistrate, Bahraich requesting
for calling a meeting for organization of
Annual Jeth Mela. A proposed agenda for the
meeting was attached with the letter which
mentions that the administration is expected
to make arrangements for drinking water,
cleanliness
arrangements
with
adequate
sanitation and lighting arrangements. Baraats
(wedding processions) will be taken out
during the Mela in which fireworks will be
displayed. Adequate arrangements should be
made for dealing with any fire accident. The
Chief
Medical
Officer
should
make
arrangements
for
providing
medical
assistance as well as for prevention of spread
of infections. Two large ambulances and two
small ambulances should be provided for the
Mela alongwith a Lady Doctor & a MidWife. Adequate transport and parking
arrangements should be made. Temporary
fair price shops should be set-up in the Mela.
The Legal Meteorology Department should
ensure that no incident of weighing lesser
quantity of goods takes place during the
Mela. Adequate police force should be
deputed at the Mela area for smooth
running of swings, circus, drama, magic
shows, etc.

(7) The petitioners have stated that in
previous years, meetings were held for the
smooth
conduct
of
the
Mela
and
arrangements used to be made by the
District Administration, but this year, the
District
Magistrate
has
declined
cooperation for organizing Mela by means of
the impugned order dated 26.04.2025.
840 INDIAN LAW REPORTS ALLAHABAD SERIES

(8) The impugned order dated
26.04.2025 states that the permission for
organizing the Jeth Mela at Dargah Syed
Salar Masood Ghazi stands declined
keeping in view the reports submitted by
the
Superintendent
of
Police,
SubDivisional Magistrate, Sadar and the
Executive Officer, Nagar Palika Parishad,
Bahraich.

(9) Assailing validity of the impugned
order dated 26.04.2025, it has been
submitted on behalf of the petitioners that
the permission has been denied on flimsy
and irrelevant grounds and that the action is
mala fide and has been taken for
appeasement of a few political persons. The
petitioners have submitted that the District
Magistrate cannot wriggle out of his
responsibility to maintain the law and order
in the District during the Jeth Mela on the
flimsy ground of apprehension of breach of
peace.
The
petitioners
have
further
submitted that a large number of devotees
visit the Dargah Sharif during the Jeth Mela
irrespective of caste, creed and religion and
the refusal for permission to organize the
Mela is violative of the very ethos of
fraternity of this great nation-India and it is
de hors the very constitutional fabric
flowing
from
the
preamble
of
the
Constitution of India and the Fundamental
Rights guaranteed to its citizens and
persons under Articles 14, 21, 25, 26 and
29 of the Constitution of India.

(10) The petitioners in P.I.L. No. 463
of 2025 have pleaded that the Annual Jeth
Mela organized at Dargah Sharif of Syed
Salaar Masood Ghazi (RA) in Bahraich is a
significant socio-cultural event rooted in
the spiritual legacy of Syed Salaar Masood
Ghazi, who is revered as a saint by one and
all. Many devotees including those from
marginalized communities such as Kories,
Kurmi and Ahir peasants as well as lepers
seeking miraculous cures through the
shrine's rituals, rely on the Mela for
spiritual fulfillment and healing practices.
The Dargah of Syed Salaar Masood Ghazi
is a unique symbol of interfaith harmony.
Rejection of permission to organize the
Mela infringes upon the fundamental rights
to freedom of conscience and cultural
expression guaranteed under Articles 25
and 29 of the Constitution of India as it
prevents devotees of Syed Salar Masood
Ghazi from practicing their faith through
participation in the Jeth Mela. The
petitioners
have
also
pleaded
that
permissions have been granted for largescale religious gatherings in Devipatan
Mandir, Tulsipur, Balrampur and for Magh
Mela at Prayagraj, but the same has been
denied for organizing the Jeth Mela at
Dargah Sharif which is discriminatory.

(11) It has further been stated in P.I.L.
No. 463 of 2025 that if the State will
surrender to the pressure of certain political
or radical groups then how the secular
character of the nation will be protected
and equal treatment will be given to all its
citizens.

(12) WPIL No.458 of 2025 has been
filed by 5 persons. 3 petitioners in this
petition are Khadims of the Dargah,
whereas the petitioner no. 4 claims to be an
Islamic scholar who is professing Sufism
and propagating the same in the country
and he is an independent writer of
newspapers/web-portals
and
is
also
teaching in a Madarsa and petitioner No. 5
is an Advocate who is professing and
propagating Sufism. All the petitioners are
residents of Bahraich. They have pleaded
that the denial of permission to organize the
Mela is arbitrary. They have further
pleaded that about 600 Baraats come from
7 All. Waqf No. 19 Dahgah Sahrif & Ors. Vs. State of U.P. & Anr.
841
the entire country at the Dargah and the
tradition of Baraat is an essential ingredient
to show respect/tribute to Syed Salar
Masood Ghazi. The petitioners have
pleaded that the Government earns a huge
amount as revenue from the Mela and the
denial of permission would result in loss of
revenue to the State, besides resulting in
about 10,000 poor people being deprived of
their source of livelihood by putting up
shops in the Mela.

(13) The State has filed a short
counter affidavit of City Magistrate,
Bahraich in Writ-C No. 4426 of 2025
stating that the Tomb of Syed Salaar
Masood Ghazi situated in Revenue Village
Singhaparasi Pargana and Tehsil & District
Bahraich has been constructed in about 4
hectares and it is surrounded by a boundary
wall. The vacant area of the Dargah at the
spot is about 6 hectares. The petitioners
have stated that the Waqf land around the
Dargah is spread over about 1.5 sq. km.,
whereas there is only about 10 hectares of
land available on the spot. The area near
the Dargah is occupied by dense and mixed
population. During the fair, shops are put
up even on the pavements and dividers of
the roads. In case of any emergency, the
movement of ambulance, fire brigade and
police vehicles will be obstructed.

(14) It has also been stated in the
short counter affidavit that as per the report
submitted
by
the
Sub-Divisional
Magistrate, Sadar, Bahraich, the Dargah
Syed Salaar Masood Ghazi is situated
within the area of Thana Dargah Sharif. The
area around the Dargah is a highly sensitive
area with mixed dense population and lakhs
of pilgrims and devotees come to attend the
Jeth Mela from other States also. Due to the
open border with Nepal, this area falls in the
highly sensitive category. In the current
scenario, in which terrorists have carried out
a gruesome massacre by firing on tourists at
Pahalgam, Jammu & Kashmir, a situation of
unrest prevails in the entire country. There is
a strong possibility of infiltration of antinational and undesirable elements through the
crowd coming and going from the IndoNepal border for which a special vigilance is
required. In view of Operation Sindoor being
conducted by the Government of India,
security arrangements at all important places/
establishments/railway
stations/railway
tracks/petrol-diesel pipelines/air-strips and
densely populated areas are in a high alert
mode in the entire country. In view of the
tensed situation between India and Pakistan,
it will not be possible to black out the Mela
area due to the crowd/pilgrims gathering in
the fair in case of a sudden declaration of
emergency.

(15) It has been stated in the short
counter affidavit that keeping in view the
aforesaid facts, it was found appropriate not
to give permission to organize the Jeth Mela
at Dargah Sharif, Bahraich.

(16) The petitioners have filed a
rejoinder affidavit annexing therewith a copy
of the letter dated 08.05.2025 of the Inspector
General of Police (Law and Order), U.P. sent
to the Superintendent of Police, Bahraich
stating that permission for organization of
Jeth Mela has not been given and adequate
publicity of this fact should be made. Police
should ensure restricting the movement of
pilgrims/devotees going to Bahraich for
attending the Jeth Mela.

(17) The petitioners have also filed a
supplementary affidavit annexing therewith
copies of extracts of revenue records and
they have contended that the Dargah holds
36 hectares of land.

(18) Heard Dr. L.P. Misra, assisted by
Sri Syed Husain, Ms. Annapurna Agnihotri
842 INDIAN LAW REPORTS ALLAHABAD SERIES
& Ms. Arti Bali, Sri Alok Kumar Mishra,
Sri Akram Azad, Sri Sayyed Faooq Ahmad,
Sri Syed Mehfuzur Rehman and Sri Vinod
Kumar Yadav, learned counsel for the
petitioners & Sri Kuldeep Pati Tripathi,
learned Additional Advocate
General,
learned counsel for the State-authorities
and Sri Farhan Habib, learned counsel for
the U.P. Sunni Waqf Board.

(19) Dr. L.P. Misra, learned counsel
who has led submissions on behalf of the
petitioners, has submitted that the Jeth
Mela is an integral part of the ritualistic
practices at the Dargah. The denial of
permission for organizing the Jeth Mela
violates the petitioners' fundamental right
of freedom of conscience. He has submitted
that
the
Government
Order
dated
01.04.1987 recognizes the importance of
Jeth Mela at the Dargah by providing that
the expenditure for deployment of police
and sanitation facilities for the Mela be not
recovered from the concerned Waqf.

(20) Dr. L. P. Misra has placed
reliance on the judgment of the Hon'ble
Supreme Court in Gulam Abbas and
others v. State of U.P. and others: (1982)
1 SCC 71, a judgment of a Division Bench
of this Court in Ram Gopal Tripathi v. Dr.
Sarvajeet Herbert: 2003 SCC OnLine All
550 = 2003 (5) AWC 3910 and a Judgment
of a Single Judge Bench of this Court in
D.S. Joseph v. State of U.P. and others:
2005 Cr.L.J. 709.

(21) Sri. Kuldeep Pati Tripathi, the
learned Additional Advocate General has
submitted that organizing a Mela by putting
up shops, Circus, Jhulas, Magic Show,
Picture show, Nautanki etc. is not a part of
essential practices attached to any religion
and no one has a fundamental right to
organize a socio-cultural Mela. He has
submitted that the fundamental right to
practice faith is not being denied by the
State to any person and the devotees are
free to visit the Dargah to offer their
prayers and other offerings.

(22) When the controversy came up
before us, this Court after hearing learned
counsel
for
the
parties,
passed
the
following order on 17.05.2025:-

"The bunch of writ petitions on a
non-sitting day has come up before us on
an urgency being pointed out as per the
order on administrative side passed by
Hon'ble the Chief Justice.

We have heard learned counsel
for the parties at great length.

Judgement reserved.

Until
the
delivery
of
the
judgment, as an interim measure, we
provide that routine activities at Dargah
Sharif for carrying out the ritualistic
practices shall remain open for which all
support for maintaining law and order as
well as necessary civic amenities shall be
provided by the State in co-operation with
the
Committee
administering
the
management of Dargah Sharif.

To this extent Shri Kuldeep Pati
Tripathi,
learned Additional Advocate
General for the State has expressed no
objection.

Insofar
as
the
prayer
for
organizing
'Jeth
Mela'
having
cultural/commercial
trappings
is
concerned, we are not persuaded, prima
facie, to interfere with the decision of the
State authorities.

We
also
provide
that
the
Committee shall ensure that devotees visit
the shrine in moderate numbers as per
routine in order to avoid the possibility of
any stampede or unwarranted situation
causing a concern to the safety of the
7 All. Waqf No. 19 Dahgah Sahrif & Ors. Vs. State of U.P. & Anr.
843
devotees and creating difficulties for the
administration."

(23) The order passed by the Court, as
an interim measure, took stock of the
ritualistic practices which are liable to be
protected
by
the
State
under
any
circumstance to which there are two
exceptions, namely, if the gathering at the
place threatens public order and secondly,
if it causes a threat to the security of the
State. It is perhaps in the light of these two
exceptions that the impugned order came to
be passed during the current year having
regard to the intelligence reports received
from
various
sources
by
the
State
Government although no such material has
been placed on record received from the
agencies or Central Government.

(24) In normal course, all such
ritualistic practices which stand recognized
since
time
immemorial
cannot
be
obstructed by the State on trivial grounds
particularly when such practices promote
cultural harmony in the Society. Rituals and
usages know no boundaries and sometimes
they reach the zenith of faith at a particular
shrine or a religious place of worship. This
is a tendency of development of natural law
which the Constitution of India recognizes
by virtue of Article 13 of the Constitution
of India. The law made by the Parliament
may leave certain gaps which may be filled
by the Constitutional Courts in the form of
'interstitial law making', but so far as the
rituals and usages are concerned, they are
driven by the ritualistic practices and
usages performed at the shrines or religious
places which are perceived and experienced
to be a spiritual source of conscience
protected
under
Article
25
of
the
Constitution of India which promotes
composite constitutional morality. The
Constitutional
Courts
must
desist
to
comment on the righteousness of such
rituals in contrast to reason or science
except that the rituals and usages on
practice ought not to threat the public order
or security of the State.

(25) For observance of such usages
and customs, some times it does not appeal
to reason but at the same time all such
practices cannot be obstructed which
assume a ritualistic model amongst the
masses belonging to the people of single or
multiple faith bringing harmony and peace
to he society.

(26) In the circumstances of the case,
it is unnecessary for this Court to clarify
the applicability or not of the case laws
cited before us as we have already set the
norms for regulating the existing rights in
terms of the interim order extracted above
which has brought optimum good to the
devotees and safeguarded the concern
expressed by the State. It is fortunate that
peace and tranquility has prevailed during
the operation of the arrangements provided
under the interim order passed by this
Court, therefore, all the apprehensions of
the State stand dispelled for organizing the
Jeth Mala within the scheduled dates.

(27) More over, the Committee of
Management
of
Dargah
Sharif
shall
henceforth ensure that the management of
'Urs' and 'Mela' shall be dealt with
effectively by installing CCTV cameras at
the
entry/relevant
places,
particularly
during the Jeth Mela as well as the Urs so
that any threat or apprehension, as has been
taken note of in the impugned order, the
police authorities are facilitated with the
first hand information regarding entry of
people in the premises of Dargah Sharif so
that the ritualistic practices are wellmanaged and there is no difficulty faced by
844 INDIAN LAW REPORTS ALLAHABAD SERIES
the administration to provide necessary
assistance in the given situation.

(28) On the basis of the scheme of
administration produced by the Committee
of Management of Dargah Sharif, it is
amply clear that the Committee alone is
vested with the power to regulate the
management of Dargah and its property,
therefore, it is the bounden duty of the
Committee to ensure effective management
of the affairs of the Dargah so as to
facilitate the devotees to perform the rituals
on visiting the shrine. The suggestions
made by the administration, if any, may
also be taken into consideration for
ensuring peace and tranquility.

(29) So far as the rights of other
petitioners are concerned, we are of the
firm opinion that they having supported the
cause of the Committee would equally
stand
protected
for
the
purpose
of
performing the customary rituals, which, of
course, are subject to the limitations
mentioned above.

(30) Though the State Government,
looking to the circumstances and based on
the confidential reports, has passed the
order impugned, which has lost its efficacy,
consequent upon the period of Mela being
over and the interim arrangement made by
this Court permitting the performance of
rituals
has
rather
dispelled
the
apprehensions of the State, therefore, the
relief prayed for stands virtually granted
due to non-interference by the State in the
routine practices as stated by the learned
Additional Advocate General for the State.

(31) For the reasons stated above, all
the three writ petitions are disposed of in
terms of the order dated 17.05.2025 and
what we have observed above.

(32) The parties will bear their own
costs of litigation.
----------
(2025) 7 ILRA 844
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 17.07.2025

BEFORE

THE HON'BLE ATTAU RAHMAN MASOODI, J.
THE HON'BLE SUBHASH VIDYARTHI, J.

Writ-C No. 4816 of 2024
Along with other connected cases

Suez India Pvt. Ltd. ...Petitioner
Versus
Uttar Pradesh Pollution Control Board &
Ors. ...Opp. Parties

Counsel for the Petitioner:
Aprajita Bansal, Anilesh Tewari, Gursimran Kaur

Counsel for the Opp. Parties:
Asit Srivastava, Ashok Kumar Verma, C.S.C.,
Namit Sharma, Rishabh Kapoor

ISSUE FOR CONSIDERATION

Whether the U.P. Pollution Control Board
has the authority to impose environmental
compensation and recover the same from
an industry under any statutory provision?

HEADNOTE

Environment (Protection) Act, 1986 - Air
(Prevention and Control of Pollution) Act,
1981 - Water (Prevention and Control of
Pollution) Act, 1974 - National Green
Tribunal Act, 2010 - Ss. 31A, 33A, 14, 15,
16 - Power to impose environmental
compensation
-
Jurisdiction
of
U.P.
Pollution Control Board - Held, the Board
has
no
adjudicatory
power
to
impose
compensation. Such power lies exclusively with
the National Green Tribunal (NGT) - Directions
imposing environmental compensation are set
aside.

HELD