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2025 DAILYLAW 154698 (ALL)

RIZWAN AHMAD KHAN v. DISTRICT MAGISTRATE, HARDOI AND 4 OTHERS

/664/2022 · 2025-08-05

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45318-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 664 of 2022 Petitioner :- Rizwan Ahmad Khan Respondent :- District Magistrate, Hardoi And 4 Others Counsel for Petitioner :- Zubair Hasan,Amar Nath Dubey,Sheikh Wali Uz Zaman Counsel for Respondent :- C.S.C.,A.Z. Siddiqui Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard. 2. The reliefs sought in the petition by the petitioner are as under:- "(i). Issue a writ, order or direction in the nature of Mandamus directing the opposite no. 1, to conduct a detailed enquiry along- with audit since 2003-04 of the religious society namely, the Anjuman Islamia, Hardoi, within a stipulated time period fixed by this Hon'ble Court. (ii).Issue a writ, order or direction in the nature of Mandamus directing the opposite no. 2 to conduct a detailed enquiry regarding registration and re-registration of society in the name Anjuman Islamia, Hardoi and Anjuman Islamia Jama Masjid Shehar va Zila Hardoi, within a stipulated time period fixed by this Hon'ble Court. (iii). Issue a writ, order or direction in the nature of Mandamus directing the opposite no. 1, to conduct a complete fresh, free and fair election on the old bye-laws of 1954 and not on the amended bye-laws since 2010 of Anjuman Islamia, Hardoi, religious society, within a stipulated time period. (iv).Issue a writ in the nature of Certiorari quashing the amended bye-laws w.e.f. January 2010, which were amended by the committee headed by so-called Caretaker President to misappropriate the funds of the Society and garb the land of the society. (v),issue an order or direction which this Hon'ble Court may deem fit, just and proper as per the circumstances of the case, in the interest of justice. (vi).award cost of the petition in favour of the petitioner." 3. The respondent No.3 is a private organization. It is a society registered under the Societies Registration Act, 1860. A Public Interest Litigation under Article 226 of the Constitution of India seeking aforesaid reliefs with respect to a private society in which the Government does not have any stake nor any public funds are involved, is not maintainable. The petitioner can seek other remedies as may be prescribed in law whether under civil or criminal law. 4. With the aforesaid observations, the writ petition is dismissed, however, this order shall not be treated as an affirmation of any illegal act committed by the petitioner, we have merely declined to entertain the writ petition for the reasons as aforesaid. (Manish Kumar, J.) (Rajan Roy, J.) Order Date :- 5.8.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench