Committee of Management, Madrsa Anjuman Maktab Islamiya Noorull-Ollum and Another vs State of Uttar Pradesh and 2 Others — Allahabad HC (2025) — LawSathi Research

Committee of Management, Madrsa Anjuman Maktab Islamiya Noorull-Ollum and Another vs State of Uttar Pradesh and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to submit a fresh representation against the Single Operation order before respondent no.3 (District Minority Welfare Officer, Kushinagar) within one month with a certified copy of this order; respondent no.3 to consider and decide it after due notice and hearing to all concerned parties, expeditiously preferably within one month.

Issue for consideration

Whether respondent no.3 (District Minority Welfare Officer, Kushinagar) should consider the petitioner's representation for revocation of the Single Operation order dated 27.10.2023, the ground for that order having vanished after the reinstatement of Kayamuddin Ansari

Court's answer

Without going into the merits, the writ petition is disposed of, permitting the petitioner to submit a fresh representation against the Single Operation order before respondent no.3-District Minority Welfare Officer, Kushinagar, along with a certified copy of this order, within one month.

Ratio / Principle

If such representation is filed, respondent no.3 shall consider and decide it after giving due notice and opportunity of hearing to all the concerned parties, expeditiously preferably within one month from the date the representation is received.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Saral Srivastava, J.), WRIT - C No. 1825 of 2025 (Committee of Management, Madrsa Anjuman Maktab Islamiya Noorull-Ollum v. State of U.P.), decided 5.2.2025: writ petition disposed of without going into merits. The petitioner sought mandamus for reconsideration of the order dated 27.10.2023 of respondent no.3-District Minority Welfare Officer, Kushinagar directing Single Operation of the Accounts of the Madarsa, submitting that its ground (non-reinstatement of Kayamuddin Khan, whose reinstatement challenge in Writ-A No.3259 of 2025 had been dismissed) had lapsed as Kayamuddin Ansari had since been reinstated. Court permitted submission of a fresh representation within one month and directed respondent no.3 to consider and decide it after due notice and hearing to all concerned parties, expeditiously preferably within one month.

Neutral Citation No. - 2025:AHC:16144

Court No. - 32

Case :- WRIT - C No. - 1825 of 2025

Petitioner :- Committee Of Management, Madrsa Anjuman Maktab Islamiya Noorull-Ollum And Another Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Arun Kumar Counsel for Respondent :- C.S.C.,Pranav Mishra

Hon'ble Saral Srivastava,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

The petitioner by means of the present writ petition has prayed for a writ of mandamus directing the respondent no.3-District Minority Welfare Officer, Kushinagar to reconsider the order dated 27.10.2023 directing Single Operation of the Accounts of Madarsa and attesting signature of the petitioner no.2 as its Manager, in view of the Resolution of petitioner no.1 dated 04.08.2024.

It is submitted by the learned counsel for the petitioner that the Single Operation order was passed on account of the fact that one Kayamuddin Khan was not reinstated despite the fact that writ petition bearing Writ-A No.3259 of 2025 filed by the petitioner against the reinstatement of Kayamuddin Khan has been dismissed. It is submitted that after Single Operation order has been passed, Kayamuddin Ansari has been reinstated and is getting salary. It is submitted that the ground on which the Single Operation Order was passed is vanished, therefore, in such view of the fact, a direction may be issued to the respondent no.3 to consider the representation of the petitioner for revocation of Single Operation order.

Learned Standing Counsel submits that no useful would be

served in keeping the writ petition pending and appropriate direction may be issued to the respondent no.3.

In such view of the fact, considering the facts and circumstances of the case and without going into the merits of the case, the writ petition is disposed off permitting the petitioner to submit a fresh representation against the Single Operation order before the respondent no.3-District Minority Welfare Officer, Kushinagar along with a certified copy of this order within a period of one month from today. In case, any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same after giving due notice and opportunity of hearing to all the concerned parties, expeditiously preferably within a period of one month from the date the representation of the petitioner is received.

Order Date :- 5.2.2025

NS

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