Committee of Management Madarsa Asharfa Ahle… — Writ and Judicial Review | Allahabad HC (2025)

Committee of Management Madarsa Asharfa Ahle… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

The special appeal is disposed of, leaving it open to the appellant to take appropriate proceedings in accordance with law, i.e., to apply to the learned Single Judge for vacation of the interim order; the Single Judge is expected to hear any such application with expedition.

Issue for consideration

Whether the interim order dated 29.08.2025 granted by the learned Single Judge stood vitiated on the appellants' contention that it was obtained by suppressing material facts, namely the dismissal of the Supreme Court Special Leave Petition on 09.04.2025 and the pendency of an appeal before the Divisional Commissioner, Gorakhpur. +1 more

Ratio / Principle

Since the impugned order dated 29.08.2025 is an ex parte order in which notice was issued to the appellant, the course open to the appellant is to approach the learned Single Judge by filing an application under Article 226(3) of the Constitution of India seeking vacation of the interim order, based on the allegations sought to be made in the appeal.

Key takeaways

Filing an appeal against an ex parte interim order, without approaching the learned Single Judge and seeking adjudication of the matter pending before him, cannot be countenanced.ratio¶13
If the appellant moves an application seeking vacation of the interim order, it is expected that the learned Single Judge would hear it with expedition.obiter¶15

Detailed headnote1 paragraphs

Special Appeal (Allahabad High Court; Arun Bhansali, CJ and Kshitij Shailendra, J.; decided 24.09.2025) against an ex parte interim order dated 29.08.2025 of the learned Single Judge in Writ-C No. 29900 of 2025: Held, where notice had been issued to the appellant along with the interim order, the proper course was to approach the learned Single Judge under Article 226(3) of the Constitution of India for vacation of the interim order rather than to file an intra-court appeal; an appeal against an ex parte interim order without approaching the learned Single Judge cannot be countenanced. Appeal disposed of with liberty to take appropriate proceedings; Single Judge expected to hear any vacation application expeditiously. Allegation that the interim order was procured by suppressing material facts (dismissal of S.L.P. on 09.04.2025; pending appeal before Divisional Commissioner, Gorakhpur) was left for consideration before the Single Judge.

HIGH COURT OF JUDICATURE AT ALLAHABAD

SPECIAL APPEAL No. - 861 of 2025

Committee of Management Madarsa Asharfa Ahle Sunnat Anwarul Uloom and another

unna nwaru oom an ano	Versus er .....Appellant(s)
Nasruddin Ansari and 3 others	.....Respondent(s)
Counsel for Appellant(s) :	Durga Tiwari
Counsel for Respondent(s) :	Jagdish Pathak (S.C.), Prashant Shukla, Mohd. Azam, Adarsh Shukla,

Chief Justice's Court

HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.

This appeal is directed against order dated 29.08.2025 passed by the learned Single Judge in Writ-C No. 29900 of 2025, whereby learned Single Judge on finding that the matter required consideration, issued notice to the appellant and other respondents other than the State which was represented by Standing Counsel and granted interim order.

Submissions have been made that order has been passed by learned Single Judge on respondents herein suppressing material facts from the learned Single Judge as reliance was placed on the order passed by the Supreme Court on 17.10.2023 in a Special Leave Petition, which Special Leave Petition had already been dismissed on 09.04.2025 and that against one of the orders dated 20.03.2025 appeal was pending before the Divisional Commissioner, Gorakhpur and, therefore, the interim order for the reasons indicated in the order could not have been granted.

Learned counsel for the respondents made submissions supporting the order inter alia indicating that the learned Single Judge has noted a part of the submission whereas it was the case of the respondents that during the pendency of interim order passed by the Supreme Court before dismissal of S.L.P., no order against the interest of the respondents could have been passed and, therefore, it cannot be said that the order has been obtained by suppressing any fact.

SPLA No. 861 of 2025

2

Having considered the submissions made by learned counsel for the parties, we are of the opinion that once the order impugned dated 29.08.2025 is an ex parte order, wherein the appellant has been issued notice, the course open for the appellant is to approach the learned Single Judge by filing application under Article 226 (3) of Constitution of India seeking vacation of interim order passed, based on allegations sought to be made in the present appeal.

Filing of the appeal against the ex parte interim order, without approaching the learned Single Judge and seeking adjudication of the matter pending before the learned Single Judge, cannot be countenanced.

Consequently, the appeal is disposed of, leaving it open for the appellant to take appropriate proceedings in accordance with law.

It is expected that in case, application is moved by the appellant seeking vacation of interim order, the same would be heard with expedition by the learned Single Judge.

(Kshitij Shailendra,J.) (Arun Bhansali,CJ.)

September 24, 2025

RK/Sazia

Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad