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2025 DAILYLAW 164752 (ALL)

C/M MADARSA LUTFIYA ARABIA TURKMAN GATE THRU. MANAGER DARAKSHAN ANJUM AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. MINORITY WELFARE AND WAQF LKO. AND 3 OTHERS

WRIC/9058/2025 · 2025-09-22

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9058 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri V.K. Singh, learned Senior Advocate, assisted by Shri Samarth Singh, Shri M.A. Ausaf, Shri Gauri Shankar Maurya and Ms. Mahenoor Khanam, learned counsels appearing for the petitioners, learned Standing Counsel for the State-respondent(s) as well as Shri Afzal Ahmad Siddiqui, learned counsel appearing for the respondent no.3 and perused the material available on record. 2. The present petition has been filed by the petitioners challenging an order dated 29.07.2025, whereby an order was passed suspending the recognition granted to the petitioner's institution. 3. The submission of counsel for the petitioners in brief are that, on account of certain complaints made, a show-cause notice was issued to the petitioners on 23.05.2025, alleging that the properties of the society have been sold without taken the permission required under Section 5(A) of the Societies Registration Act. The petitioner gave a reply to the said show cause notice on 10.06.2025, denying the allegation and explaining, the conduct of the petitioners. Based upon the said reply and the show cause notice, the order came to be passed on 29.07.2025. It is stated that, the said order has been passed on materials which were not even alleged in the show cause notice and no reply was ever called on the basis of the allegations which are foundation of passing the order dated 29.07.2025. Versus Counsel for Petitioner(s) : Azam Shafeequi, Gauri Shankar Maurya, Mahenoor Khanam Counsel for Respondent(s) : C.S.C., Afzal Ahmad Siddiqui C/M Madarsa Lutfiya Arabia Turkman Gate Thru. Manager Darakshan Anjum And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Minority Welfare And Waqf Lko. And 3 Others .....Respondent(s) 4. In the light of the said, instructions were called, the respondent has produced the instructions, in the said instructions, it has been stated that the petitioners were served with a show cause notice and the reply of the petitioners is also referred in the said instructions. It is also stated in the instructions that the order has not been passed based upon the show cause notice and the reply given and it has been stated that based upon, the directions given by the Director, two members committee was constituted and based upon the said report submitted by the said two member committee, the order impugned has been passed. Taking instructions on record, it transpires that, the order has not been passed in accordance with the principles of natural justice, as neither any show cause notice has been given based upon, the inquiry report nor copy of the inquiry report was given to the petitioners. Thus, finding the order impugned to be in violation of principles of natural justice, the same is set-aside/quashed. 5. The respondent(s), however, would be at liberty to pass fresh order after affording the opportunity of hearing to the petitioners. 6. The petition stands allowed with the aforesaid observations. September 22, 2025 Praveen WRIC No. 9058 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench