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Synopsis

The Supreme Court of India today expressed its concerns over the functioning of the Allahabad High Court, saying that the situation was worrisome.

A bench of Justices Surya Kant and N Kotiswar Singh was hearing a petition filed by MLA Abbas Ansari seeking relief in a case concerning evacuee property.

At the outset, Senior Advocate Kapil Sibal, appearing for Ansari, informed the bench that the matter had not been taken up at all by the Allahabad High Court. He submitted, "See what's happening in that court, despite your lordship's order. Six dates have gone by.".

When court wanted to confirm if it was taken up by the high Court and then adjourned, Sibal said, " Not taken up at all. It was listed again yesterday. Everybody else has got stay...If High Courts do this, where does the citizen go?"

Justice Kant in response said, "See we don't want to comment..some of the High Courts, we don’t know what will happen. This is one of the High Courts one should be worrisome about it... Filing has collapsed, the listing has collapsed, and nobody knows which matter will be listed...",

"And it is the largest High Court in the country...", Sibal added.

Justice Kant went on to note that no interim protection had been granted to Ansari whereas all other similarly situated writ petitioners have been protected against dispossession, demolition, or fresh construction at the disputed site.

Accordingly, court has granted status quo in the case. Ansari claims that the matter is not being taken up and that construction has begun on the plot in question, with dwelling units being built under the Pradhan Mantri Awas Yojana.

In October 2024, the Apex Court had directed that the matter be listed before the Division Bench of the High Court, Lucknow Bench, for the hearing of the petitioner’s plea seeking an interim stay at the earliest.