Bahraich Mazar Demolition | Allahabad HC Orders Status Quo After UP Govt Assures Of No Coercive Action For 4 Weeks

For context, four mazars, including Hazrat Syed Hashim Shah alias Lakkad Shah Mazar, where Urs has been celebrated since the 16th century, located in the Murtiha Range forest of the Katarniaghat Wildlife Division, were being demolished by the Forest Department, which considered the area as protected and treated the structures as encroachment.

According to the Mazar/Dargah management, the state administration demolished the dargah on the night of June 8 by using a bulldozer after removing the devotees present there.

Challenging the actions of the state authorities, the petitioner [Waqf No. 108 of Distt. Bahraich through C/M of Dargah Hazrat Sayyed Mohammad Hashim Shah by Secretary] moved the High Court on June 9.

It was their case was that immediately after the passing of the order dated June 5, 2025 (issued by the Divisional Forest Officer, Katarniaghat, Bahraich, under the Indian Forest Act, 1927), the authorities proceeded to evict the petitioner and began demolition on the disputed land.

Before a bench of Justice Saurabh Lavania and Justice Syed Qamar Hasan Rizvi, it was argued by the state that the petitioner has a remedy to challenge the impugned order before the Appellate Authority in terms of Section 61(B)(4) of the 1927 Act.

Importantly, the state also submitted that the demolition, which began on Sunday, has now been stopped, and no further demolition or coercive action against the petitioner will be taken for a period of four weeks.

In view of this, the bench disposed of the plea while granting liberty to the petitioner to approach the Appellate Authority in terms of Section 16(B)(4).

The court also ordered a status quo while observing that during the pendency of the appeal or revision, as the case may be rights of parties should be preserved.

Significantly, before parting, the bench also deemed it appropriate to refer paras 94.9 to 97 of the judgment passed by the Apex Court in the case of In Re: Directions in the matter of Demolition of Structures v. and Ors. | Writ Petition (Civil) No. 295 of 2022 (and connected case) 2024 LiveLaw (SC) 884

It may be noted that para 97 of the top Court's judgment provides that if the demolition is found to be in violation of the orders of the Suprerme Court, the officer/officers concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages.