COMMITTEE OF MANAGEMENT, MADARSA ISLAMIYA JAMIYATUL QURAISH JALANDHARI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/4029/2025 · 2025-03-02
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17360 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17360 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29472 Court No. - 32 Case :- WRIT - C No. - 4029 of 2025 Petitioner :- Committee Of Management, Madarsa Islamiya Jamiyatul Quraish Jalandhari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Ali Ausaf,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
Order on Civil Misc. Impleadment Application No. Nil of 2025 Heard learned counsel for the applicant. The present impleadment application has been filed by the applicant for impleadment of 'Vakeel Ahmad Quraishi, S/o Late Gulam Hussain Quraishi, R/o Mohalla-Chakla, Takiya, District Azamgarh' as respondent no.4 in the array of parties.
Learned counsel for the respondents states that he has no objection if the impleadment application is allowed. Accordingly, the impleadment application is allowed.
Learned counsel for the applicant is permitted to carry out necessary correction in the array of parties during the course of day. Office is directed to allot number to the impleadment application.
Order on Writ Petition.
1. Heard Sri V.K. Singh, learned Senior Counsel assisted by Mohammad Ali Ausaf, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Gautam Baghel, learned counsel for respondent no.4.
2. The petitioner by means of the present writ petition has assailed the Single Operation Order dated 19.12.2024 passed by the respondent no.3-District Minority Welfare Officer, Azamgarh.
3. Challenging the aforesaid order, learned Senior Counsel for the petitioner has contended that respondent no.3 while passing the impugned order has not given any notice and opportunity of hearing to the petitioner. In this respect, necessary averment has been made in paragraph 24 of the writ petition. Accordingly, it is submitted that the impugned order has been passed in violation of principles of natural justice.
4. Learned counsel for the respondents though vehemently submits that the order impugned has been passed in accordance with law, but despite their best effort could not demonstrate from the impugned order that any notice or opportunity of hearing was given to the petitioner.
5. Since, order impugned has been passed without any notice and opportunity of hearing to the petitioner which fact is evident from paragraph no.24 of the writ petition, and learned counsel for the respondents also could not demonstrate from the impugned order that any notice or opportunity of hearing was afforded to the petitioner before passing the same, therefore, impugned order has been passed in violation of principles of natural justice and it cannot be sustained in law.
6. Consequently, the impugned order dated 19.12.2024 passed by the respondent no.3 is set aside and matter is remitted to the respondent no.3-District Minority Welfare Officer, Azamgarh to decide the dispute afresh in accordance with law after giving due notice and opportunity of hearing to all the concerned parties.
7. Thus, for the reasons given above, the writ petition is allowed with no order as to costs.
Order Date :- 3.3.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad