MADARSA ISLAMIYA ARABIYA TALIMUL ISLAM v. STATE OF UTTARAKHAND
WPMS/2391/2025 · 2025-08-13
Ravindra Maithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10136 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10136 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures
COURT’S OR JUDGE’S ORDERS D/14
WPMS No.2391 of 2025 Hon’ble Ravindra Maithani, J. Mr. Mohd. Safdar, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State. It is the case of the petitioner that the petitioner has given a property in donation, where they run Maktab, which has been sealed on 22.03.2025. The petitioner seeks direction to the respondents to permanently unseal the premises. Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner submits that the property has been sealed without following the due process; without giving any notice to the petitioner and without affording an opportunity of hearing the property has been sealed; he is ready to give an undertaking that he would not run any Maktab or Madarsa or Educational Centre in the premises, unless it is authorized. Learned State Counsel submits that if the petitioner gives such undertaking, the petition may be disposed of in terms thereof. The Court takes on record the statements given by the learned counsel for the petitioner as well as learned State Counsel. The writ petition is finally disposed of with the directions to the respondent authority to unseal the premises-in-question, subject to the petitioner giving an undertaking that he will not run any Maktab or Madarsa or Educational Centre in the premises, unless he is authorised to do so by the State Government. In case, the petitioner makes any defiance
to the undertaking given by him, the respondent authority shall be free to take such action, as is permissible under law.
(Ravindra Maithani, J.) 13.08.2025 Sanjay
SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686d f4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450 A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.08.18 12:12:53 +05'30'