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Synopsis

CJI DY Chandrachud today agreed to hear a plea by Sarv Sewa Sangh, Varanasi challenging the demolition notice issued on June 27, 2023 by Northern Railways, Indian Railways.

Advocate Prashant Bhushan mentioned the plea before the bench also comprising Justice PS Narasimha and said, "They are known for the legacy of Mahatma Gandhi..".

CJI accordingly listed the plea foe hearing on July 10.

Notably, on Monday, the Allahabad High Court has disposed of a writ petition, which challenged the proposed demolition of Varanasi’s Sarv Sewa Sangh Bhawan after directing the petitioner to raise their grievances in a related suit already pending before the lower court in Varanasi.

Before the High Court, the petitioner Akhil Bharat Sarva Seva Sangh had sought a direction in the nature of certiorari quashing the order dated 26 June, 2023 passed by the District Magistrate, Varanasi and the demolition notice dated 27 June, 2023 issued by the Administration of Northern Railways, Indian Railways.

A further direction was sought commanding respondents not to disturb the peaceful conduct of day-to-day affairs of Akhil Bharat Sarva Seva Sangh over its property situated at village Kolakohna, Pargana Dehat Amanat, Mohalla Rajghat, Kashi, District Varanasi.

Additional Solicitor General of India  S.P. Singh, had raised preliminary objection regarding maintainability of the writ petition before the High Court on the ground that the petitioners Society had preferred an Original Suit No.522/2023 (Akhil Bharat Sarva Seva Sangh and another vs. State of UP and others) in the Court of Civil Judge (Senior Division) Varanasi for declaration as well as permanent and mandatory injunction against the defendants and the same is stated to be pending consideration. 

After hearing the parties before it, the High Court's bench comprising Justices Mahesh Chandra Tripathi and Prashant Kumar, had ordered thus,

"Considering the facts and circumstances, we are not inclined to entertain the writ petition. However, it is always open to the petitioners to press the injunction application filed alongwith the aforesaid Original Suit before the Court below."