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2025 DAILYLAW 193394 (ALL)

SHRI MANNULAL ADARSH SANSKRIT VIDYALAYA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/36816/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36816 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Adarsh Bhushan, learned counsel for the petitioners and Sri Ashish Mohan Srivastava, learned Standing Counsel for State-respondents. This matter is being decided without issuing notice to concerned respondent as it requires interpretation of impugned order with respect to directions given therein. 2. Though an appeal filed by the petitioners was allowed by impugned order dated 29.07.2025 and matter is remanded back to Sub Divisional Magistrate to decide the dispute afresh. 3. Sri Khare, learned Senior Counsel appearing on behalf of the petitioners submits that final decision on appeal filed by petitioners is concerned, the petitioners have not much dispute, however, in impugned order simultaneously the appeal filed by one other person namely, Amar Nath was also allowed and a dispute in regard to the By laws is being created by opening the matter so far as consideration of other by laws as submitted by the other party i.e. Amar Nath, which was absolutely unwarranted. 4. I have considered the above submissions and after careful perusal of impugned order find that there are observations in favour of the petitioners. Even the By laws submitted by said Amar Nath are being put under doubt, therefore, at this stage the contents of the impugned order appears to be entirely in favour of the petitioners. Therefore, without Versus Counsel for Petitioner(s) : Adarsh Bhushan Counsel for Respondent(s) : C.S.C. Shri Mannulal Adarsh Sanskrit Vidyalaya And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) interfering with the impugned order, this writ petition is disposed of with direction and with clarification that while considering the matter on remand, in case at threshhold the concerned respondent finds that alleged By laws dated 05.05.2000 was not registered with the Assistant Registrar, said respondent will be at liberty not to proceed to consider said By laws and matter be decided only to the extent of other directions as well as the registered By laws submitted by the petitioners. October 29, 2025 Manish Himwan WRIC No. 36816 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad