The Allahabad High Court on Tuesday suspended an order passed by the Bijnor District Magistrate concerning the management of the traditional annual Jaahar Divan (Goga Naumi) fair, observing that the order was prima facie without jurisdiction and amounted to an apparent usurpation of jurisdiction.

The Court also permitted the petitioners to hold and organize the fair in Pheona village, Tehsil Chandpur, Bijnor, subject to obtaining the necessary permissions from the authorities.

In a stern observation, a Bench of Justice JJ Munir and Justice Vivek Saran said that District Magistrates must not exercise powers as if they were 'plenipotentiaries' in their districts.

"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 Court observed.

For context, the impugned DM's order handed over management of the traditional fair to the Gaon Sabha and assigned its revenues to it through a 3-member committee of revenue officials.

The order was passed on August 29, 2025, when IAS Officer Jasjeet Kaur was serving as the District Magistrate of Bijnor. She was transferred the next month and was replaced by IAS officer Umesh Pratap Singh, who is now the district's DM.

Challenging the order, the Committee of Management, Sarvajanik Arya Inter College, and another moved the High Court with the instant petition.

The High Court noted that the petitioners had earlier instituted a civil suit against the Gaon Sabha and certain rival parties who disputed their right to hold the traditional fair.

The suit, which sought an injunction against interference with the petitioners' right to organize the fair on Plots Nos. 981 and 997, was decreed in their favor by the 2nd Additional Civil Judge (Senior Division), Bijnor, on December 2, 1997, in Original Suit of 1982.

The High Court observed that the District Magistrate's order "runs in the teeth of the decree of the Civil Court in favour of the petitioner and against the Gaon Sabha, amongst others".

It further noted that the order, though framed as an interim arrangement, involved a sweeping exercise of powers resembling that of a civil court framing a scheme for the management of a trust.

The Bench held that the order was, prima facie, without jurisdiction or authority of law.

Therefore, the High Court admitted the writ petition and granted 2 weeks to the State respondents to file their counter-affidavit. Notice was issued to respondent No. 6, returnable on November 17, 2026.

In related news, last year, IAS Officer Kaur, who was then serving as the DM Bijnor, tendered an 'unconditional' and 'unqualified' apology to the Allahabad High Court after the Court took strong exception to an affidavit filed by her, which it viewed as an "attempt to insult" the HC's understanding of the law.

The issue arose when the DM, in her affidavit, referred to a provision under the UP-Revenue Code Rules, 2016, which the Court interpreted as an unnecessary and inappropriate reminder of the legal provision.