Allahabad High Court
ARYAN AMUSEMENTversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed because the land is disputed and a status‑quo order prevents any alteration of possession or use.
Summary
The petitioner, Aryan Amusement, filed a writ petition seeking a mandamus directing the District Magistrate of Agra to allow it to hold a fair on an 8,000 sq. meter plot at Kothi Meena Bazar, Shahganj, Agra, from 10 May to 20 June 2026. The land is under the custody of the District Magistrate but is subject to a pending dispute, and a status‑quo order issued by the High Court in Appeal No. 309/2025 directs the parties to maintain the status quo regarding possession. The petitioner relied on the instruction produced by the standing counsel, which confirmed the existence of the status‑quo order. The Court held that, because the land is disputed and the status‑quo order remains in force, the District Magistrate cannot be directed to grant permission for the fair. Consequently, the writ petition was dismissed as lacking merit, with no order as to costs.
Issues considered
- Whether the High Court can issue a mandamus directing the District Magistrate to permit the petitioner to hold a fair on land that is under a status‑quo order due to a pending dispute.
Subjects
- writ petition
- mandamus
- status quo
- disputed land
- district magistrate
- fair permission
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18448 of 2026
Aryan Amusement
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mukesh Chandra Gupta, Shubham
Prakash Gupta
Counsel for Respondent(s) : C.S.C.
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner.
2. The petitioner by means of the present writ petition has prayed for the
following relief:-
"i. Issue a writ or direction in the nature of mandamus
directing/commanding the District Magistrate Agra/Respondent no.2 to
permit the petitioner for organize the fair upon the land situated at Kothi
Meena Bazar Shahganj Agra over area 8,000 Sq. meter land from 10 May
2026 to 20th June 2026 during the summer vacation of the children, as
the aforesaid land is under the custody of District Magistrate, Agra."
3. Sri K.D. Mishra, learned Standing Counsel has produced instruction,
which is taken on record, according to which, the land on which petitioner
wants to organize fair (मेला) is disputed and status quo order is operating on
the said land. Para-3 of the instruction is reproduced herein below:-
"3. प्ऴावली पर उपलब्ध अिभलेखानुसार कोठी मीना बाजार से सम्बिन्धत ्ऺथम अपील
संख्या-309/2025 जनपद आगरा (उ०्ऺ० राज्य ्षारा कलक्टर, आगरा बनाम् ्शी राम िसह
(मृतक) आिद में मा० उच्च न्यायालय, इलाहाबाद ्षारा पािरत आदेश िदनांक 23.04.2025
्षारा िनम्न आदेश पािरत िकये गये थेः-
Until further Orders of this court parties are directed to maintain status
quo with respect to the nature and possession over the property in
question."
4. In such view of the fact, the relief prayed for by the petitioner cannot be
WRIC No. 18448 of 2026
2
granted.
5. Consequently, writ petition lacks merit and is hereby dismissed with no
order as to costs.
May 12, 2026
Sattyarth
(Garima Prashad,J.) (Saral Srivastava,J.)
Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad
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