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Time of India
28-05-2025
- Politics
- Time of India
DM can't issue eviction order under Sr Citizen Act '07: HC
Lucknow: The Lucknow bench of Allahabad High Court has held that maintenance tribunal, appellate tribunal or district magistrate has no power to pass any eviction order for evicting any relative, third party or any other person on the plea of a senior citizen or parents under The Maintenance and Welfare of Parents and Senior Citizens Act 2007, setting at rest the different conflicting views on the issue. The bench, however, suggested an exception where the senior citizens or the parents have executed a gift or otherwise in favour of anybody on the assurance that he would take care of him but after the gift deed, he fails to fulfil his assurance . A full bench, comprising Justice AR Masoodi, Justice Jaspreet Singh and Justice Subhash Vidyarthi passed the verdict while allowing the reference made to it on the issues emanating from a petition filed by Onkar Nath Gaur . In its judgment, the full bench observed, "This court does not find that under the Act 2007, there is any indication in any provision or rule which creates or confers special powers to take such action and pass an order of eviction against any third party or a person who may be living with the senior citizen or on the premises belonging to the senior citizen." Taking note of 'Savera Scheme' launched by the state govt, the bench noticed that senior citizens can get themselves registered at Helpline number 112 for help at any time. In the case, reference was made to the full bench as there had been conflicting views of different benches on the issue as to whether the authorities under the Act 2007 can order for eviction of relative or any other person from the property of the senior citizens or not.
Time of India
17-05-2025
- Politics
- Time of India
HC refuses to grant permission to Jeth Mela at Bahraich dargah
Lucknow: The Lucknow bench of the Allahabad high court on Saturday refused to grant permission to organise the annual Jeth Mela ('urs') at Dargah Sharif in Bahraich. The court, however, said that routine activities and other rituals at the dargah would continue. The court passed an interim order while reserving the detailed judgment which will be pronounced later. A division bench of justice AR Masoodi and justice Subhash Vidyarthi passed the order on the petition filed by Waqf No. 19, Dargah Sharif, and two other petitioners. The petitioners had demanded that the court set aside the order of the local administration whereby it restrained the Dargah Sharif Management Committee from organising Jeth Mela. The bench heard the petitioners on Saturday after the Chief Justice of the Allahabad high court constituted a special bench to hear the matter on a holiday. After prolonged hearing, the bench, in its interim order, directed the local administration to maintain law and order, providing necessary civic amenities in association with the committee administering the management of dargah. Additional advocate general Kuldeep Pati Tripathi did not object to the interim order passed by the court. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Perdagangkan CFD Emas dengan Broker Tepercaya IC Markets Mendaftar Undo The court directed the mela committee to ensure that there was no overcrowding at Dargah Sharif. Lucknow: The Lucknow bench of the Allahabad high court on Saturday refused to grant permission to organise the annual Jeth Mela ('urs') at Dargah Sharif in Bahraich. The court, however, said that routine activities and other rituals at the dargah would continue. The court passed an interim order while reserving the detailed judgment which will be pronounced later. A division bench of justice AR Masoodi and justice Subhash Vidyarthi passed the order on the petition filed by Waqf No. 19, Dargah Sharif, and two other petitioners. The petitioners had demanded that the court set aside the order of the local administration whereby it restrained the Dargah Sharif Management Committee from organising Jeth Mela. The bench heard the petitioners on Saturday after the Chief Justice of the Allahabad high court constituted a special bench to hear the matter on a holiday. After prolonged hearing, the bench, in its interim order, directed the local administration to maintain law and order, providing necessary civic amenities in association with the committee administering the management of dargah. Additional advocate general Kuldeep Pati Tripathi did not object to the interim order passed by the court. The court directed the mela committee to ensure that there was no overcrowding at Dargah Sharif.
Hindustan Times
17-05-2025
- Politics
- Hindustan Times
HC denies permission for ‘Jeth Mela' at Ghazi Miyan Dargah in U.P's Bharaich
The Lucknow bench of the Allahabad high court on Saturday denied permission to the Dargah Sharif Management Committee in Bahraich to organise the annual 'Jeth Mela' at Syed Salar Masood Ghazi Dargah (Ghazi Miyan), which was scheduled to begin Sunday. However, the court clarified that there would be no restrictions on devotees visiting the shrine for routine religious practices. The division bench of Justices AR Masoodi and Subhash Vidyarthi stated, '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.' Additional advocate general Kuldeep Pati Tripathi and chief standing counsel (CSC) Shailendra Singh appeared in court on behalf of the state government. 'The court has denied permission to hold the Jeth Mela as an interim measure,' said advocate Shailendra Kumar Singh. The court, however, did not agree with the plea to hold the Jeth Mela, noting, 'Insofar as the prayer for organising 'Jeth Mela' having cultural/commercial trappings is concerned, we are not persuaded, prima facie, to interfere with the decision of the State authorities.' The Dargah committee had approached the court challenging the Bahraich district magistrate's order dated April 26, 2025, which denied permission for the mela. The DM had cited a report by the Local Intelligence Unit (LIU) that raised concerns over potential law and order issues if the fair were to be held. Terming the DM's decision as contrary to legal provisions, the committee urged the court to direct the administration to allow the event. On Friday, the court had denied interim relief but allowed the petitioner to apply for an urgent hearing in view of the scheduled start of the fair on Sunday (May 18). The application was considered by the Chief Justice and taken up urgently on Saturday. The court also directed the committee to ensure that devotees visit the Dargah in routine numbers. 'The committee must ensure that devotees visit the shrine in moderate numbers as per routine in order to avoid the possibility of any stampede or unwarranted situation,' the bench observed.
New Indian Express
17-05-2025
- Politics
- New Indian Express
Lucknow Bench of Allahabad HC seeks locus standi of petitioners on plea against ban on Bahraich Urs
LUCKNOW: The Lucknow Bench of the Allahabad High Court asked the locus standi (right to sue) of the petitioners to file the plea challenging the order of the local administration restraining the mela committee from organising the annual urs at the Dargah of Syed Salar Masood Ghazi in Bahraich. The division bench, comprising Justice AR Masoodi and Justice AK Srivastava (I) granted time to the petitioners by posting the matter on May 19 as the next date of hearing. A bench of passed the order on the writ petition filed by Waqf No. 19, Dargah Sharif, Bahraich. Taking up the petition, the Bench asked the petitioners to prove their right to sue in the present case and said it would hear the plea only on merit. Appearing on behalf of petitioners, advocate LP Mishra said that if Kumbh could be organised, why 'urs' was not being allowed by the authorities concerned. Mishra called it a discrimination based on religion by the state authorities in violation of the right to profess religion under Article 25 of the Constitution of India.
United News of India
16-05-2025
- Politics
- United News of India
No relief on ban on Bahraich Dargah fair, next hearing on May 19
Lucknow, May 16 (UNI) The Lucknow bench of Allahabad High Court did not grant any relief to the petitioners for the time being on the matter of ban on the Jeth fair of Dargah Sharif in Bahraich on Friday. The court has fixed the next hearing of the case for May 19. The petitioners said that Jeth Fair is starting from May 18, so the case should be heard at the earliest. Given this, the court allowed the petitioners to make an application to the Chief Justice for an urgent hearing of the case. The petition filed by six people, including the chairman of the Dargah Sharif Management Committee of Bahraich, was heard before the Division bench of Justice A R Masoodi and Justice Ajay Kumar Srivastava - I. Chief Standing Counsel Shailendra Kumar Singh opposed the petition on behalf of the state government, whereas, on behalf of the petitioners, their counsel Dr LP Mishra argued for permission to organise the fair. The petition challenged the order of District Magistrate Bahraich issued on April 26, in which permission was not granted this time for the Jeth fair held every year near the Dargah of Syed Salar Masood Ghazi. The petitioner has requested the DM to direct him to grant permission for the fair, calling it against the intention of the law. On the other hand, on May 8, the government counsel opposed the petition, calling the DM's order appropriate. The court ordered the application for interim relief in the next hearing and gave time to the parties, including the government, to submit their reply on the points raised in the petition. The court said that it would not be appropriate to grant any interim relief until the reply of the opposite parties is sought in the case. The state government has filed a reply in the case, to which the petitioners have also submitted a reply. UNI XC AB BD
