The Impressive TimesNew Delhi, January9, 2025: The Supreme Court on Thursday granted relief to Uttar Pradesh MLA Abbas Ansari by ordering the maintenance of status quo on a disputed property in Lucknow. Ansari claims ownership of the property but was evicted in 2023 after it was classified as “evacuee property.”
A bench of Justices Surya Kant and N. Kotiswar Singh issued the directive in response to Ansari’s petition, highlighting that construction had resumed on the disputed site despite his ongoing writ petition in the Allahabad High Court.
“The authorities and petitioners are instructed to maintain status quo until the High Court examines the case,” the bench ordered. It further urged the High Court to prioritize the case and schedule it before an appropriate bench at the earliest, given the urgency.
The dispute involves Plot No. 93 in Village Jiamau, Lucknow, which was bequeathed to Abbas Ansari and his brother Umar Ansari through a registered will in 2017. However, in 2020, the SDM of Dalibagh, Lucknow, allegedly issued an ex-parte order declaring the property as “evacuee property,” transferring its ownership to the government. By August 2023, the Ansari brothers were dispossessed of the property.
While other co-owners of the property secured interim relief through a writ petition filed in 2021, the Ansari brothers’ subsequent petition failed to gain similar protection.
In October 2024, the Supreme Court dismissed the Ansari brothers’ Special Leave Petition (SLP), instructing the Allahabad High Court to expedite their writ petition and address their request for interim relief. Despite this, the High Court reportedly failed to hear the case promptly, leading Abbas Ansari to approach the Supreme Court once again.
Senior Advocate Kapil Sibal, representing Ansari, argued that the High Court’s delay had left his client without interim relief, while construction continued on the disputed site. Sibal also suggested that Ansari’s background played a role in the denial of protection.
“When High Courts fail to act, where does a citizen go?” Sibal asked, drawing attention to the High Court’s unwillingness to grant a stay despite several opportunities.
The Supreme Court bench refrained from commenting on the alleged bias but expressed concern over the functioning of the Allahabad High Court. Justice Surya Kant remarked, “Some High Courts are concerning in their operations. The Allahabad High Court, being the largest in the country, faces significant challenges with filing and listing cases.” Recognizing the potential for irreversible harm, the Supreme Court directed both the authorities and petitioners to maintain the status quo on the disputed site until the High Court resolves the matter.
The bench also instructed the Registrar General of the High Court to ensure the order is immediately brought to the attention of the concerned bench.
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