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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Divine Faith Fellowship Church – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Mahesh Chandra Tripathi, J.
Heard Ms. Akanksha Mishra, learned counsel for the petitioners and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the respondent Nos. 1, 4 and 5.
2. The petitioners have filed the instant writ petition under Article 226 of the Constitution of India seeking a mandamus upon respondent Nos. 4 and 5 for complying with the orders dated 12.12.2022 and 17.4.2023 passed by the National Commission for Minorities, Government of India (hereinafter referred to as 'the Commission').
3. Petitioner-Divine Faith Fellowship Church, Sambhal claims to be a Non-Governmental Organization (in short 'NGO'), which works for promotion and betterment of the Christian Community. Petitioners further claim that they have 17 shops around Church area, which is property of the Church. In one of the shops bearing Shop No. 13/1 some land grabbers have entered into possession illegally. Petitioners moved an application on 4.6.2022 before U.P. Commission for Minorities (hereinafter referred to as 'the U.P. Commission') seeking direction upon respondent Nos. 4 and 5 for eviction of respondent No. 6, who according to the petitioner was an unauthorized occupant of t
The National and U.P. Commissions for Minorities lack jurisdiction to adjudicate property disputes, functioning only as recommendatory bodies under their respective Acts.
The Minorities Commission cannot adjudicate individual financial disputes; its role is to protect minority rights, not to resolve personal grievances.
State Commission lacks adjudicatory authority; it cannot determine caste or tribe status of individuals or demand caste certificate production.
Educational institutions - Protects right of minorities - Discrimination on basis of religion, caste, sex etc - It is clear that framers of Constitution intended that State shall not deny to any pers....
The main legal point established in the judgment is that the National Commission for Scheduled Tribes exceeded its jurisdiction and acted as an adjudicatory authority, which was beyond its powers. Th....
The National Commission for Scheduled Castes and Scheduled Tribes lacks jurisdiction to investigate individual caste status claims, which violates natural justice principles.
The National Commission for Scheduled Castes has the constitutional duty to investigate and monitor matters relating to the safeguards provided for Scheduled Castes and to inquire into specific compl....
Point of Law : A perusal of Section 2(a) of the said Act, court could gather that Chairman shall be a person of a minority community and 8 other members from the minority communities hold a degree fr....
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