Supreme Court Declines Writ Petition, Grants Interim Protection in Demolition Case
Petitioners Directed to Approach High Court; Interim Relief Provided Until December 10, 2025
In a recent judgment dated December 4, 2025, the Supreme Court of India declined to entertain a writ petition filed under Article 32 of the Constitution by Farhat Jahan and another petitioner against the State of Uttar Pradesh and others. The petitioners sought immediate intervention from the apex court regarding a demolition exercise that had commenced against their property.
The bench, comprising Justices Vikram Nath and Sandeep Mehta, provided the petitioners with the liberty to approach the jurisdictional High Court under Article 226 of the Constitution. The Supreme Court emphasized that the High Court should consider the petition on its own merits without being influenced by the interim protection granted by the Supreme Court.
Given the urgency of the situation, as the demolition exercise had already begun and partial demolition was reported, the Supreme Court granted interim protection to maintain the status quo for a period of one week, until December 10, 2025. This interim relief allows the petitioners some respite to seek further legal recourse.
Senior Advocate Mr. Rauf Rahim, along with a team of advocates including Mr. Waseem Akhtar Khan and Mr. Rizwan Ahmad, represented the petitioners. The court highlighted that the petitioners are allowed to urgently mention their case before the concerned Bench of the High Court to expedite the hearing.
This decision underscores the Supreme Court's approach to directing litigants to appropriate forums for relief, while also ensuring temporary protection where immediate harm might occur. The judgment clarified that the interim order is not to prejudice the High Court's independent assessment of the case.
Bottom Line:
Interim protection granted by the Supreme Court with liberty to approach the jurisdictional High Court under Article 226 of the Constitution of India.
Statutory provision(s): Article 32, Article 226 of the Constitution of India
Farhat Jahan v. State of Uttar Pradesh, (SC) : Law Finder Doc Id # 2817790
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