Allahabad High Court  Photo / Express
Uttar Pradesh

Allahabad HC suspends Bijnor DM’s order on management of traditional fair

The court said the DM’s order was prima facie without jurisdiction and amounted to an apparent usurpation of jurisdiction.

Namita Bajpai

LUCKNOW: The Allahabad High Court has suspended an order passed by the Bijnor District Magistrate (DM) on the management of the traditional annual ‘Jaahar Diwan’ (Goga Navami) fair, observing that district magistrates cannot act as ‘plenipotentiaries’ and exercise powers that fall within the jurisdiction of other authorities or courts.

The court said the DM’s order was prima facie without jurisdiction and amounted to an apparent usurpation of jurisdiction. It noted that the order, though framed as an interim arrangement, involved a sweeping exercise of powers similar to those of a civil court framing a scheme for the management of a trust.

A division bench of Justices JJ Munir and Vivek Saran also permitted the petitioners to organise the fair in Pheona village, Bijnor, subject to obtaining the necessary permissions from the authorities.

“We have, time and again, cautioned DMs not to exercise powers as if they are plenipotentiaries in the district, who can pass any kind of order, the jurisdiction whereof may lie with another district-level officer or a judge,” the bench said.

The DM’s order, dated August 29, 2025, handed over the management of the fair to the gram sabha and assigned its revenue to it through a three-member committee of revenue officials. The order was passed when IAS officer Jasjeet Kaur was the Bijnor DM. She was transferred the following month and replaced by IAS officer Umesh Pratap Singh, the current DM.

The committee of management of Sarvajanik Arya Inter College and another petitioner challenged the order before the High Court.

The petitioners had earlier filed a civil suit against the gram sabha and other parties who disputed their right to organise the fair. The suit sought an injunction against interference with their right to hold the fair on plots 981 and 997 in the village.

The second additional civil judge (senior division), Bijnor, decreed the suit in their favour on December 2, 1997. The original suit had been filed in 1982.

The High Court observed that the DM’s order ran contrary to the civil court decree, which was in favour of the petitioners and against the gram sabha, among others.

In its October 27 order, the court admitted the writ petition and gave the state respondents two weeks to file their counter-affidavit. The matter was posted for the next hearing on November 17.

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