Neutral Citation No. - 2025:AHC:60407-DB Court No. - 21 Case :- WRIT - C No. - 6899 of 2025 Petitioner :- Rajendras Nosegay School Kanth Road Madhubani Colony And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Agrawal Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana,Tejasvi Misra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The present writ petition has been filed praying for quashing of the order dated 18.02.2025 passed by Secretary Moradabad Development Authority, Moradabad and the order dated 16.12.2024 passed by the Vice Chairman, Moradabad Development Authority, Moradabad and for a writ of mandamus commanding the respondents to remove the wall raised by the respondents on 17.02.2025 blocking the exit from the school campus connecting the public road near Madhubani Colony, Moradabad. 2. The case of the petitioners is that a school affiliated with Council for Indian School Certificate Examination, also duly recognized by Basic Education Officer, Mordabad is being run in name of petitioner no.1 since last 37 years. It has two doors- one the main entry gate and the other is a small exit gate. The dispute in the instant writ petition is in respect of the exit gate. It appears that the exit gate opens towards a housing colony in the name Madhubani. The Resident Welfare Association of the said colony filed a Writ C No.30197 of 2024 before this Court praying for writ of mandamus commanding the respondent - Moradabad Development Authority to ensure safety and security of the residents of Madubani Colony by blocking the unauthorized and illegal gate opened by the respondent no.4 to the said writ petition (one Jeetu Lamba). The petitioners were not party to the said proceedings. The same was disposed of by a Division Bench of this Court by order dated 24.09.2024 by providing that the dispute being factual in nature would be resolved by Vice Chairman, Moradabad Development Authority, Moradabad after providing opportunity of hearing " to all the stake holders". In compliance of the said direction, an order was passed by Vice Chairman, Mordabad Development Authority, Moradabad on 16.12.2024 and whereby said Jeetu Lamba and the petitioner institution have been restrained from opening any door towards the Madhubani colony. The petitioner feeling aggrieved by the said direction filed a representation before the Moradabad Development Authority, Moradabad. It was the specific case of the petitioner in the said representation that the Vice Chairman passed the order dated 12.12.2024 without hearing the petitioner although the specific direction by the Writ Court was to provide opportunity to all the stake holders. The representation filed by the petitioners has been rejected by order dated 18.02.2025 observing that the representation has been decided on the basis of the recommendation of a Committee constituted after the order of the writ court. 3. The submission is that the petitioners were not party to the writ proceedings and therefore, the Vice Chairman committed a gross illegality in examining the claim of the association qua the petitioners. It is further submitted that even if the said direction would apply to the petitioners, the Writ Court specifically provided that opportunity of hearing would be granted to all the stake holders but which has not been provided to the petitioners. 4. Sri Tejasvi Misra, learned counsel appearing for Mordadabd Development Authority, Moradabad submits that the petitioners were granted one month's time to close the gate which had the opening towards the Madhubani colony. He, however, very fairly states that opportunity of hearing was not provided to the petitioners as stipulated by the Writ Court. He submits that in case, the petitioners make any fresh representation disclosing their stand, the same would be considered afresh by the Vice Chairman, Moradabad Development Authority, Moradabad. 5. As we find that there was specific direction by the Writ Court to hear all the stake holders and since repeatedly the petitioners were not heard though the order purports to have been passed in compliance of the order of the Writ Court, therefore, we dispose of the instant petition as follows : a) the petitioners will file fresh representation within two weeks along with supporting documents; b) the Vice Chairman, Moradabad Development Authority, Moradabad will issue notice to the Resident Welfare Association of Madhubani colony i.e. the petitioner in Writ C No.30197 of 2024 and thereafter, pass a speaking order after hearing the parties; c) the impugned orders would abide by the decision that would be taken by the Vice Chairman, Moradabad Development Authority Moradabad in compliance of the instant order. Order Date :- 22.4.2025 Priya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad