No Hearing Without Proof of Legal Standing in Urs Plea: Allahabad HC

The Lucknow bench of the Allahabad High Court on Friday questioned the locus standi of the petitioners challenging local administration's order restraining the Mela Committee from organising the annual urs at the dargah of Syed Salar Masood Ghazi in Bahraich.

A division bench comprising Justice A.R. Masoodi and Justice A.K. Srivastava (I) was hearing a writ petition filed by Waqf No. 19, Dargah Sharif, Bahraich.

The bench granted the petitioners time to establish their right to sue in the matter and listed the case for further hearing on May 19.

Court made it clear that it would not proceed to examine the merits of the case unless satisfied with the maintainability of the petition. "Without being satisfied on this aspect, we will not proceed further," the bench noted.

Advocate L.P. Mishra, appearing for the petitioners, argued that if events like the Kumbh Mela could be held, there was no justification for prohibiting the urs. He contended that the government's action amounted to religious discrimination and violated the fundamental right to freely profess religion under Article 25 of the Constitution.

Brief Background

The petitioners challenged the order dated 26.04.2025 passed by the District Magistrate, Bahraich declining permission for holding annual Jeth Mela at and near the Dargah of Syed Sallar Masood Ghazi.

The counsel for the petitioners inter alia submitted that the reasons cited in the impugned order were neither relevant nor germane to the holding of the Urs, which is distinct from a general mela.

It was contended that the order reflects a predetermined and malafide intent on the part of the District Magistrate, aimed at preventing the religious event with an ulterior motive.

Emphasizing that the Urs has been regularly organized at the said site for several years without any incident affecting law and order, the counsel relied on documents from previous years to assert that there exists no valid basis or justification for the current prohibition.

Earlier, Court refrained from allowing interim relief to the petitioners.

Case Title: Waqf No.19 Dahgah Sahrif Thru. C/M Of Dargah Sharif Bahraich By Chairman Baqaullah And 5 Others Vs. State Of U.P. Thru .Addl. Chief Secy. Deptt. Home Lko. And Another