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2025 DAILYLAW 150878 (ALL)

C/M MADARSA ARBIA SULTANUL ULOOM AMEDKAR NAGAR THRU. MANAGER, USMAN ALI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE, LKO. AND OTHERS

A227/4114/2025 · 2025-07-11

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39821 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4114 of 2025 Petitioner :- C/M Madarsa Arbia Sultanul Uloom Amedkar Nagar Thru. Manager, Usman Ali And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue, Lko. And Others Counsel for Petitioner :- Mohd. Mansoor,Mohammad Danish,Mohd Siddiq Alam Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Mohd. Mansoor, learned counsel for petitioners as well as learned Standing Counsel for the State. 2. It has been submitted by learned counsel for petitioners that petitioners are running an institution in the name and style of Madarsa Arbiya Sultanul Uloom which is run and managed by a society namely Madarsa Arbia Sultanul Uloom Society, Village Ashrafabad, Post Bimawal Ramnagar, Tehsil Aalapur, District Ambedkrnagar and is also registered under the Societies Registration Act 1860. 3. It has been submitted that building of the institution is constructed on Gata No. 77 which is an abadi land and even the recognition of the petitioners' institution has been granted by Uttar Pradesh Madarsa Siksha Parishad sometimes in 2010. The grievance raised by the petitioner in the present case is that the State Government had taken note of the fact that there are several Madarsas being run on government land and in this regard a report was also received indicating that various such Madarsas are running in Ambedkar Nagar on government land and consequently the authorities were directed to take action in accordance with law and get the encroachment on the government land vacated,. 4. He submits that subsequent to the order dated 04.06.2025 proceedings U/S 67 of U.P. Revenue Code, 2006 were initiated against the petitioners and a notice was served to him on 19.06.2025 and the petitioners are participating in the said proceedings and have also submitted their reply. He has further submitted that no final orders has been passed in the proceedings U/S 67 by the competent authority and the respondents are threatening to demolish the Madarsa in pursuance of the order dated 04.06.2025 and in the aforesaid circumstances learned counsel for petitioner has confined his prayer in the present writ petition for the relief of prayer No. 1 only. 5. In the aforesaid circumstances, it has been prayed that during pendency of the proceedings U/S 67 of U.P. Revenue Code, 2006 in Case No. 6640 of 2025/Computerized Case No. T202504040406440 (Gaon Sabha Vs. Madarsa Arbia Sultanul Uloom), no coercive action shall be taken against the petitioners. 6. Learned Standing Counsel also does not dispute the aforesaid prayer and he submits that action can be taken against the petitioners only when final are orders are passed in the proceedings U/S 67 of U.P. Revenue Code, 2006 itself declaring they encroachers and order can itself be passed in case have to be found encroached over the government land. 7. Accordingly, in light of the above, the writ petition is disposed of with a direction to competent authority to proceed to consider and decide the proceedings U/S 67 of U.P. Revenue Code, 2006 with expedition and till final orders are passed the respondents are restrained from taking any coercive action against the petitioners. 8. It is made clear that once the proceedings u/S 67 of U.P. Revenue Code, 2006 are concluded, the parties are at liberty to proceed in accordance with law. 9. Petitioners undertake to cooperate in the proceedings before the competent authority. (Alok Mathur, J.) Order Date :- 11.7.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench