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Allahabad High Court

BUDDHA BHAGWAN MANDIR MAHAPARINIRVAR MAHABIHAR TRUST AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The High Court dismissed the writ petition, holding that it lacks jurisdiction to decide the factual dispute and the petitioners must approach the appropriate court.

Summary

The Buddha Bhagwan Mandir Mahabihar Trust filed a writ petition before the Allahabad High Court challenging actions of the State of Uttar Pradesh and other respondents. The State's standing counsel raised a preliminary objection, contending that the petition involved a disputed question of fact which the High Court is not empowered to adjudicate, and that the petitioners should approach the appropriate court of law. The petitioners did not contest this objection. The Court accepted the preliminary objection and dismissed the writ petition, granting the petitioners liberty to approach the competent court if they wish. No substantive merits of the dispute were examined.

Issues considered

  • Whether a High Court can decide a disputed question of fact in a writ petition
  • Whether the petitioners have a remedy to approach a competent court of law for the factual dispute

Subjects

  • jurisdiction
  • writ petition
  • question of fact
  • preliminary objection
  • competent court
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 17444 of 2026


                                    Buddha Bhagwan Mandir Mahaparinirvar
                                    Mahabihar Trust And Another                                 .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Nagendra Kumar Singh
                                    Counsel for Respondent(s)                :   C.S.C., M.J. Akhtar

                                    Court No. - 4
                                                    HON'BLE NEERAJ TIWARI, J.
                                                    HON'BLE SUDHANSHU CHAUHAN, J.

                                    1. Heard learned counsel for the petitioners, learned standing counsel for
                                    the State respondents no. 1 to 3 and Sri M.J. Akhtar, learned counsel
                                    appearing on behalf of the respondent nos. 4 and 5.

                                    2. Learned standing counsel has raised preliminary objection and
                                    submitted that disputed question of fact cannot be decided by this Court
                                    and the petitioners are having remedy to approach the competent court of
                                    law.

                                    3. Learned counsel for the petitioners has not disputed the aforesaid fact.

                                    4. Accordingly, writ petition is dismissed with liberty to the petitioner to
                                    approach the competent court of law, if so advised.



                                                                 (Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
                                    May 5, 2026
                                    Arif




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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