Mohammad Mukhtar Naseem v. State of U.P. through its Principal Secretary, Minority Welfare and Waqf Deptt., Lko. and 4 Others
WRIA/8245/2025 · 2025-10-06
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198989 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198989 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 8245 of 2025 Court No. - 28 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. Preliminary objection has been raised by learned Standing Counsel as well as by Shri Afzal Ahmad Siddiqui, learned counsel for the respondent No.3 that the Committee of Management is the appointing authority i.e., opposite party no.5. They have submitted that the cause of action is accruing at District Banda and the case is cognizable by High Court at Allahabad. It was further submitted that Lucknow Bench lacks jurisdiction to entertain the petition. It has also been pointed out that Rule 10 (1), (8) of U.P. Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Service Regulation, 2016, provides that on application of dependant, the Committee of Management, within 15 days by appointing the dependant, shall sent a proposal for obtaining consent of Inspector through the District Minority Welfare Officer, Inspector Arabic Madarsa, on receipt of proposal, shall give his consent within 15 days for payment of salary. If there is any error/mistake in appointment then Inspector Arabic Madarsa after rectification of error/mistake shall give consent for payment of salary.
3. It has been submitted that initial appointment is yet to take place at District Banda, therefore, petitioner may approach before the Hon'ble High Court at Allahabad. Versus Counsel for Petitioner(s) : Sajjad Husain Counsel for Respondent(s) : C.S.C., Afzal Ahmad Siddiqui Mohammad Mukhtar Naseem .....Petitioner(s) State Of U.P. Through Its Principal Secretary, Minority Welfare And Waqf Deptt., Lko. And 4 Others .....Respondent(s)
4. I find force in the submission of learned counsel for the respondents. The High Court at Lucknow does not have territorial jurisdiction in the matter therefore, the writ would lie at Allahabad.
5. Accordingly, the writ petition is dismissed with liberty to the petitioner to file a fresh writ petition at the Hon'ble High Court at Allahabad. October 6, 2025 Pks WRIA No. 8245 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench