NATHURAM SEWA SAMITI v. STATE OF U.P. AND 5 OTHERS
WRIC/20407/2025 · 2025-06-30
Mayur Jain Jt Registrar J Listing
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66544 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66544 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:100758 Court No. - 32 Case :- WRIT - C No. - 20407 of 2025 Petitioner :- Nathuram Sewa Samiti Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kripa Shankar Yadav,Neha Rani,Pawan Kumar Yadav,Satyvendra Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed with the following main prayers:-
"I. Issue a writ order or direction in the nature of mandamus commanding and directing respondent nos.1 to 5 to take necessary action in compliance of letter dated 16.01.2023 issued by respondent no.6. II. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent authorities to decide the petitioner's representation dated 29.11.2024."
2. Learned counsel appearing on behalf of petitioner submitted that the petitioner is a registered society and registration certificate of the said society is appended as Annexure - 5 with the paper book. He further submitted that the society has given the premises i.e. Dharmshala to the education department for running a primary school. It is further submitted that the petitioner's society has filed a Civil Suit bearing Number 2449 of 2017 and that suit has been decided vide order dated 19.10.2023 on the basis of terms between the petitioner and the education department. In spite of order dated 19.10.2023 passed by the concerned Civil Judge in the aforesaid suit, the department has not vacated the premises of the petitioner. It is also submitted that the petitioner has made several representations to the education department but same has not been decided yet. 3. After some length of argument, learned counsel appearing on behalf of the petitioner made ambiguous prayer for issuance of a direction to the department to decide the applications which are pending before the concerned department, expeditiously with time bound manner. 4. Learned counsel appearing on behalf of the State, in advance notice, vehemently opposed the petition but has not opposed the ambiguous prayer made by learned counsel for the petitioner. 5. Heard Sri Satyvendra Singh Yadav, learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State, perused the contents made in the writ petition and material available on record. 6.
Taking into consideration the submissions and contentions made in this petition as well as no opposition of learned Standing counsel appearing on behalf of the State to the ambiguous prayer as made by the learned counsel appearing on behalf of the petitioner, I am inclined to pass the following directions:- The petitioner is directed to file a fresh representation along with a copy of present writ petition as well as order of this Court before the competent authority i.e. Basic Shiksha Adhikari, District Budaun - respondent no.6 within two weeks. If, the concerned/competent authority received such representation as
directed above, he is directed to pass appropriate orders after affording opportunity of hearing to the petitioner, expeditiously, preferably within a period of six weeks from the date of receiving of the said application.
7. Accordingly, the present writ petition is disposed of. . (Chandra Dhari Singh, J.)
Order Date :- 1.7.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad