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2025 DAILYLAW 19941 (ALL)

COMMITTEE OF MANAGEMENT AMINUN ISLAMIC EDUCATIONAL SOCIETY AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/4781/2025 · 2025-02-18

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23999 Court No. - 32 Case :- WRIT - C No. - 4781 of 2025 Petitioner :- Committee Of Management Aminun Islamic Educational Society And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Ali Ausaf,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard Sri G.K. Singh, learned Senior Counsel assisted by Mohammad Ali Ausaf, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 to 3 and Sri Ashok Khare, learned Senior Counsel assisted by Sri A.K. Malviya, learned counsel for respondent no.4. 2. Sri Ashok Khare, learned Senior Counsel for the respondent no.4 states that he does not propose to file counter affidavit and states that the present petition may be decided at this stage. 3. The petitioner by means of the present writ petition has assailed the order dated 29.01.2025 passed by Assistant Registrar, Firms, Societies and Chits, Varanasi Mandal, Varanasi as well as order dated 10.02.2025 passed by the District Minority Welfare Officer, Ghazipur. 4. The sole contention advanced by the learned Senior Counsel for the petitioner is that once the list of petitioner's Committee of Management for the year 2024-25 has been registered by the Assistant Registrar by order dated 22.07.2024, and that list has not been annulled or set aside by the Commissioner in Appeal No.1692 of 2024, therefore, Assistant Registrar has no power to stay his earlier order, and he can only decide the dispute afresh in the light of the observations made by the Commissioner in the order dated 13.12.2024 passed in Appeal No.1692 of 2024. 5. Per contra, Sri Ashok Khare, learned Senior Counsel for the respondents submits that the only consequence of the order passed by the Commissioner in the appeal is that the list of the petitioner registered by the Assistant Registrar for the year 2024-25 has lost its efficacy, and therefore, there is no illegality in the order passed by the Assistant Registrar. 6. Be that as it may, it is evident from the order dated 13.12.2024 of the Commissioner that Commissioner has only remanded the matter back to the Assistant Registrar to decide the objection of respondent no.4 with regard to election of petitioner. 7. In the opinion of the Court as of today, the list registered by the Assistant Registrar for the year 2024-25 is still in existence, therefore, this Court is of the view that Assistant Registrar does not have any power to stay the list of the petitioner for the year 2024- 25. 8. However, considering the facts and circumstances of the case, the writ petition is disposed off directing the Assistant Registrar, Firms, Societies and Chits, Varanasi Mandal, Varanasi to comply with the order of Commissioner dated 13.12.2024 passed in Appeal No.1692 of 2024 expeditiously, preferably within a period of six weeks from the date of production of certified copy of this order. 9. For a period of two months or till the order is passed by the Assistant Registrar, whichever is earlier, the order dated 29.01.2025 passed by Assistant Registrar, Firms, Societies and Chits, Varanasi Mandal, Varanasi shall remain stayed. 10. It is always open to the petitioner to file recall application before the District Minority Welfare Officer, Ghazipur against the order of Single Operation dated 10.02.2025. Order Date :- 19.2.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad