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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