The High Court of Judicature at Allahabad has issued a decisive stay on an order passed by the District Magistrate of Bijnor, effectively stripping the executive authority of the power to unilaterally reorganize the management of the traditional Jaahar Divan (Naumi) fair held in Village Pheona. In a stern directive, the Division Bench comprising Justice J.J. Munir and Justice Vivek Saran observed that the administrative attempt to dictate the oversight of the fair—a function previously settled by a civil decree—amounts to a clear usurpation of judicial jurisdiction. The court’s intervention provides immediate relief to the petitioner-society, ensuring they remain in control of the religious event while pending further hearings.

The dispute stems from an order issued by the Bijnor District Magistrate on August 29, 2025. The impugned order, which sought to establish a virtual scheme for conducting the traditional fair, had essentially sought to transfer the management responsibilities and associated revenues from the long-standing organizers to the local Gaon Sabha. To facilitate this transfer, the District Magistrate had appointed a three-member committee composed of various revenue officials, including the Tehsildar of Chandpur, the Mukhya Adhikari of the Zila Panchayat in Bijnor, and the Khand Vikas Adhikari. The court found this move legally untenable, noting that the order ignored an existing 1997 civil court judgment.

" Prima facie , the impugned order passed by the District Magistrate, Bijnor... is without jurisdiction or authority of law," the Bench remarked during the hearing. The court highlighted that the tenor of the administrative order resembled the actions of a civil court , which is the only body empowered to frame schemes for the management of a trust or traditional institution. By stepping into this role, the District Magistrate had encroached upon a domain strictly reserved for the judiciary.

The High Court observed that the matter had already been adjudicated upon nearly three decades ago. Specifically, the petitioner-society had previously secured a favorable judgment and decree in Original Suit No. 180 of 1982, passed by the learned 2nd Additional Civil Judge (Senior Division), Bijnor, on December 2, 1997. This decree established the petitioner’s right to hold the traditional fair over specific village land plots. The current attempt by the administrative branch to override this decree not only sparked legal conflict but also raised significant concerns about the stability of civil court verdicts when subjected to arbitrary executive interference.

In its assessment, the Bench expressed frustration at the recurring pattern of administrative officials exceeding their constitutional mandates. The court delivered a sharp warning against the tendency of district-level officers to act as if they hold absolute authority over all matters within their jurisdiction . "This Court has, time and again, cautioned District Magistrates not to exercise powers as if they are plenipotentiaries in the district, who can pass any kind of an order, the jurisdiction whereof may lie with another District Level Officer or a Judge, but this is yet another instance of usurpation of jurisdiction , prima facie ," the Judges noted.

The practical consequence of this judicial order is that the controversial August 2025 mandate is now suspended. The petitioners have been granted liberty to organize the Jaahar Divan (Naumi) fair on the disputed plots—identified as Plots Nos. 981 and 997—subject to obtaining the necessary routine permissions from local authorities. The court has ensured that the administrative machinery must cooperate, directing that these permissions be granted in due course, effectively clearing the path for the event to proceed without the interference of the previously mandated committee of revenue officials.

The administrative landscape in Bijnor has seen significant changes since the impugned order was passed. Records indicate that the order was issued under the tenure of former District Magistrate Jasjeet Kaur, who was subsequently transferred. The district is now under the administration of IAS officer Umesh Pratap Singh. Despite this transition in leadership, the High Court’s order remains binding on the office of the District Magistrate, ensuring that the legal status quo is maintained regardless of internal personnel shifts within the district administration.

To ensure compliance, the High Court has directed the Registrar (Compliance) to serve a copy of the stay order to a range of key stakeholders, including the District Magistrate, the Additional District Magistrate (Administration), the Sub-Divisional Magistrate of Tehsil Chandpur, the Secretary of the Devta Jahaar Divan Sevadar Manch, and the Chairman of the Vidya Hitkarini Sabha. This communication is to be facilitated through the Chief Judicial Magistrate of Bijnor within a strict 24-hour window.

The litigation is far from over. The High Court has admitted the writ petition and granted two weeks for the respondents to file counter-affidavits. The court has scheduled the next hearing for November 17, 2026, at which point it will review the status of the pleadings and any further supplemental affidavits filed by the parties. For the present, however, the court’s order serves as a robust defense of the separation of powers, reinforcing the principle that executive authorities cannot set aside the final judgments of civil courts through administrative fiat. The villagers of Pheona and the associated management committees now wait for the scheduled date in November, where the court is expected to further address the substantive issues regarding the fair's management and the protection of the existing civil decree.