The Lucknow bench of the Allahabad excessive courtroom dismissed a writ petition looking for the switch of over two bighas of land at King George’s Medical College (KGMU) to the dargah of Hazrat Hameen Shah Sahib, paving the best way for the development of a affected person utility centre on the location.
A division bench of Justice Alok Mathur and Justice Amitabh Kumar Rai handed the order on Friday (Could 29) which was uploaded on the excessive courtroom’s web site on Saturday.
Syed Babar Islam, claiming to be the final secretary of an Islamic organisation, filed a writ petition earlier than the excessive courtroom. He sought instructions that your complete land, together with the realm from which encroachments had been eliminated—amounting to greater than two bighas—be handed over to the dargah and that KGMU be directed to vacate the land.
“We discover that the grievance raised by the petitioners may be adequately addressed by transferring an applicable software underneath the Waqf Act, 1995,” the courtroom mentioned.
“It’s for the aforesaid causes, this courtroom is just not inclined to train energy underneath Article 226 of the Structure of India, particularly discovering that the petitioners have a statutory treatment, they’re relegated to such treatment,” the courtroom added.
In authorized phrases, this phrase signifies that as a result of a petitioner has a particular, current path for resolving their concern underneath the legislation (e.g., a departmental enchantment or a specialised tribunal), the excessive courtroom or the Supreme Court docket refuses to listen to the case instantly and directs them to make use of that particular statutory route first.
“Accordingly, the current writ petition being devoid of deserves is dismissed,” the courtroom mentioned. The excessive courtroom’s judgment has paved the best way for the KGMU administration to proceed with its enlargement plan.
The land, positioned behind the division of ophthalmology, was the topic of a dispute after KGMU eliminated alleged encroachments in 2025. Based on college authorities, the full space measures round 20,000 sq. toes, of which almost 3,000 sq. toes is occupied by the dargah, whereas the remaining 17,000 sq. toes had been underneath unauthorised occupation.
Earlier, the dargah’s managing committee had approached the excessive courtroom difficult the proposed elimination of the encroachments. The petition was dismissed, permitting KGMU to proceed with the demolition drive. A subsequent contempt petition filed by the committee was additionally rejected.
