HC quashes order in madrassa land sale case in Sant Kabir Nagar

Prayagraj: The Allahabad high court has quashed an order passed by the Sant Kabir Nagar DM and its subsequent affirmation by the commissioner of the Basti division, whereby a sale deed in favour of a society that built the Al-Huda Madrassa on land purchased in Khalilabad was declared void, on the ground that it was executed in the name of the society and its sarparast (chairman), Samsul Huda Khan, a foreign national.

Following this declaration, the DM and the commissioner had also directed that the entire property be vested in the state.

Allowing a writ petition filed by Kulliyatul Banatir Razviya Educational and Welfare society, Justice Arun Kumar set aside the order passed by the DM on Nov 14, 2025, and the subsequent confirmation order passed by the commissioner on April 24, 2026, saying that these orders cannot be sustained. Accordingly, the court directed the state govt to proceed against the petitioner in accordance with the law.

In its judgment dated May 15, the high court observed, “A plain and simple reading of the UP Land Revenue Act makes it clear that the collector includes additional collector as well as assistant collector and is authorized to discharge the powers and duties conferred upon him under the Act. The aforesaid Act does not confer upon the collector (DM) the power to declare a transaction to be void under section 166 of the Act being violative of Section 154 or 157-A of the Act. Such power is vested only in the assistant collector first class (SDM), who may be authorized by the state govt to discharge all or any of the functions of the DM, but conversely, it is not permitted.”