The Allahabad High Court criticized the National Minorities Commission for overstepping its authority and summoning officers without valid grounds.

Case Title: Divine Faith Fellowship Church and Another vs. State of U.P. And 5 Others 2023

Decided on: 26th September, 2023

Writ no. – C No. – 30476 of 2023

CORAM : Hon’ble Mahesh Chandra Tripathi,J. Hon’ble Prashant Kumar,J.


The case of “Divine Faith Fellowship Church and Another vs. State of U.P. And 5 Others” in 2023 involves a dispute where a church-owned property in Uttar Pradesh, India, had been illegally occupied.

The petitioners, a Christian organization, sought legal action through the U.P. Commission for Minorities and later the National Commission for Minorities. The case primarily focuses on whether these commissions had the authority to adjudicate and order actions related to the property dispute and whether their actions exceeded their statutory jurisdiction.

Facts of the case:

The petitioners, an NGO associated with a church, claimed ownership of property including Shop no. 13/1.They sought to evict an unauthorized occupant from Shop no. 13/1. The U.P. Commission for Minorities treated the case as a civil matter and ordered an FIR against the occupant.

The National Commission for Minorities got involved, issuing orders to assist the petitioners. The dispute centered on whether these commissions had the authority to handle the property dispute, leading to a legal challenge. The Allahabad High Court ultimately ruled that the commissions had exceeded their jurisdiction in this case.

Courts Analysis and Decision.

The court highlighted the limited statutory functions of these commissions, primarily aimed at safeguarding minority interests. Emphasized that these commissions do not possess the authority to adjudicate property disputes.

Criticized the practice of summoning government officers and pressuring them to pass orders beyond their jurisdiction. Reiterated that public officers should not be called to court unnecessarily. Deplored the commissions’ tendency to function as if they were courts, calling it an abuse of their position. Noted that such actions could result in the removal of commission members. Ultimately, the court dismissed the petition and affirmed that the commissions had acted beyond their authorized functions in the property dispute, underscoring the importance of respecting the separation of powers between the judiciary and executive branches.

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Written by- Kusuma R



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