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2025 DAILYLAW 143254 (ALL)

MADRSA JAMIYA RIJABIYA AHLE SUNNAT HIDAYTULLA ISLAM THRU.MANAGER,NAFEES AHMAD v. STATE OF U.P. THRU. SECY. REVENUE DEPTT. LKO. AND 3 OTHERS

WRIC/5377/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34024 Court No. - 7 Case :- WRIT - C No. - 5377 of 2025 Petitioner :- Madrsa Jamiya Rijabiya Ahle Sunnat Hidaytulla Islam Thru.Manager,Nafees Ahmad Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 3 Others Counsel for Petitioner :- Shyam Mohan Upadhyay Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. The instant petition has been preferred seeking following main relief:- "Issue a writ of "Certiorari" for quashing of the entire proceeding initiated in pursuance of the impugned Notice Dated 27.04.2025, Case No. NIL of 2025 "Gram Panchayat /Isthaniy Pradhikari Vs. Madrsa Jamiya Rijabiya Ahle Sunnat Hidaytulla Islam through Manager Nafees Ahmad" issued Under Section 67 of U.P. Revenue Code, 2006 as well as impugned order if any after summoning same from its custodian. Annexed as annexure No. 1 to this petition." Learned counsel for the State submits that the proceedings in pursuance to the impugned Notice dated 27.04.2025 would be concluded expeditiously within a period of three months and till the final decision in the proceeding/case is taken, no coercive action shall be taken against the petitioner. Considering the submissions advanced by the learned counsel for the parties as also the relevant statutory provisions including the fact that the petitioner has already filed objection to the impugned Notice dated 27.04.2025 in Case No. NIL of 2025 (Gram Panchayat /Isthaniy Pradhikari Vs. Madrsa Jamiya Rijabiya Ahle Sunnat Hidaytulla Islam through Manager Nafees Ahmad), under challenge, present petition is disposed of with direction to the authority concerned to concluded the proceedings initiated in pursuance to the impugned Notice dated 27.04.2025, after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of three months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that this Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 30.5.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench