HC dismisses petition in Jauhar University matter after Govt contests maintainability

The Allahabad High Court has refused to entertain a petition filed by a businessman on behalf of Mohammad Ali Jauhar University against the demolition of its buildings, observing that the pleader is an outsider and not an official of the institution.

As the matter came up before the court, a preliminary objection was raised by the Additional Advocate General (AAG) Anupam Trivedi on the maintainability of the petition.

“This writ petition is being sworn by a person, namely Mohammad Yusuf, who is by occupation a businessman and is being appointed as

a pairokar (pleader) of Mohammad Ali Jauhar University.” A university is always represented through its Registrar or any official working there. A stranger cannot approach on behalf of the university, the AAG argued. Following preliminary objection regarding the maintainability of the petition, Justice Saurabh Shyam Shamshery, in his order passed on Monday, refused to hear the matter.

“After going through the records of writ petition, Court finds merit in the objection raised by learned Additional Advocate General appearing on behalf of State,” the judge said. The court finds that “in the interest of justice, the present writ petition can be disposed of so that proceedings initiated against the petitioner Trust/University be brought to its logical conclusion,” the judge said.

Meanwhile, the Moradabad Divisional Commissioner’s court had on Monday granted interim relief to the university, founded by Samajwadi Party leader Azam Khan, staying the proposed demolition of 38 buildings on its campus until the final hearing in the case.

Divisional Commissioner Anjaneya Kumar Singh told PTI that the interim stay was granted after the university’s counsel submitted an application. He said the proceedings cannot be held on Tuesday, the scheduled date for hearing, as a condolence meeting has been planned following the death of an advocate in Moradabad.

“The application moved by the university’s counsel has been accepted and demolition of any structure has been stayed till further orders. The stay will remain in force until the final hearing in the matter,” Singh said.

On July 15, the Rampur Development Authority (RDA) directed the university administration to demolish 38 of its 40 buildings within 15 days, alleging that they had been constructed without approved building maps. Students and others have been holding a sit-in protest against the order.

The demolition order was issued under Section 27(1) of the Uttar Pradesh Urban Planning and Development Act, 1973. The deadline expires on July 30.