HC denies relief to Varanasi-based Sarva Sewa Sangh in railway demolition notice case

The Allahabad High Court on Monday refused to grant relief to Varanasi-based Akhil Bharat Sarva Sewa Sangh that had challenged a Northern Railway order for demolition of the organisations structures built on railway land.

Earlier, the Varanasi district magistrate had also given a decision in favour of the Northern Railway, saying the land belongs to it. Hence, an order for demolition was passed by railway authorities, the DM had said. Disposing of the petition filed by the Sarva Sewa Sangh and one other, a division bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar observed, “Considering the facts and circumstances, we are not inclined to entertain the writ petition.” It said the petitioners should raise their grievances in the related suit already pending before the civil court at Varanasi. “However, it is always open to the petitioners to press the injunction application filed along with the aforesaid original suit before the court… at Varanasi,” it said.

The bench made it clear that the observations made by this court would not affect the rights or titles of the parties in the on-going proceeding and the same would be decided on its own merits.

The petitioners had pleaded in the high court for quashing an order, dated June 26, 2023, passed by the DM and the demolition notice, dated June 27, 2023, issued by the Northern Railway.

According to the petition, the Sarva Sewa Sangh was set up in 1948 and works to propagate Gandhian values.

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