Neutral Citation No. - 2025:AHC:30452 Court No. - 32 Case :- WRIT - C No. - 3063 of 2025 Petitioner :- Arya Kanya Pathshala Samiti Sipari Bazaar Jhansi And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jai Singh Parihar Counsel for Respondent :- C.S.C.,Devi Prasad Tripathi,Manish Kumar Pandey Hon'ble Saral Srivastava,J. 1. Heard Sri Gajendra Pratap, learned Senior Counsel assisted by Sri Jai Singh Paarihar learned counsel for the petitioners and Sri Anil Bhushan, learned Senior Counsel assisted by Sri Manish Pandey, learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 16.12.2024 passed by the respondent no.2-District Basic Education Officer, Jhansi District Jhansi. 3. Challenging the impugned order, learned counsel for the petitioner has contended that there is no provision under law under which the impugned order has been passed by the respondent no.2, and therefore, the impugned order is without jurisdiction. It is contended that the notice was issued for withdrawing the recognition, and therefore, the order impugned has travelled beyond the notice which is not permissible in law in view of the judgement of the Apex Court reported in 2005 (7) SCC 159 M/S Saci Allied Products Ltd.,U.P vs. Commissioner Of Central Excise, Meerut. Further submission is that the order impugned has been passed without application of mind inasmuch as the reply of the petitioner has not been considered. 4. Sri Anil Bhushan, learned Senior Counsel appearing for the respondents submits that he does not propose to file any counter affidavit, and the matter may be disposed off at this stage. He fairly concedes that the objection filed by the petitioner has not been considered in the impugned order, and in such view of the fact, it is desirable in the interest of justice that the impugned order be quashed and the mater be remitted to the Authority to decide the dispute afresh. 5. Accordingly, in view of the aforesaid submissions of learned counsel for the parties, the the impugned order dated 16.12.2024 passed by the respondent no.2-District Basic Education Officer, Jhansi District Jhansi is hereby set aside. The matter is remitted to the respondent no.2-District Basic Education Officer, Jhansi, District Jhansi to decide the dispute afresh in accordance with law after giving due notice and opportunity of hearing to all the concerned parties expeditiously, preferably within a period of two months from the date of production of a certified copy of this order. 6. Consequently, the writ petition stands allowed with no order as to cost Order Date :- 4.3.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad