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2025 DAILYLAW 7282 (ALL)

COMMITTEE OF MAGANEMENT, SARASWATI UCHCHATAR MADHYAMIK VIDYALAYA v. STATE OF U.P.

WRIC/3124/2018 · 2025-02-26

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27252 Court No. - 32 Case :- WRIT - C No. - 3124 of 2018 Petitioner :- Committee Of Maganement, Saraswati Uchchatar Madhyamik Vidyalaya Respondent :- State of U.P. Counsel for Petitioner :- Ramesh Chandra Tiwari,Vineet Kumar Singh,S.P. Srivastava Counsel for Respondent :- Anil Kumar Aditya,S.C.,Tariq Maqbool Khan Hon'ble Saral Srivastava,J. 1. Heard Sri H.N. Singh, learned Senior Counsel for the petitioner, Sri Anil Kumar Aditya, learned counsel for the respondent and learned Standing Counsel for the State. 2. The petitioner by means of present writ petition challenged the impugned order dated 28.12.2017 passed by the Commissioner, Allahabad Division, Allahabad in Appeal No.C20150200001457 (Sharda Prasad Singh Vs. Assistant Registrar and others) and impugned order dated 14.09.2015 passed by the Assistant Registrar, Firms, Societies and Chits, Allahabad. 3. A short submission has been advanced by learned counsel for the petitioner that the order dated 28.12.2017 passed by the Commissioner, Allahabad Division, Allahabad is cryptic and is non- speaking inasmuch as the Commissioner while deciding the appeal, has not applied any independent mind in recording the finding. In such view of the fact, the impugned order dated 28.12.2017 could not be sustained. 4. Sri Anil Kumar Aditya, learned counsel for the respondent though tried to demonstrate that the Appellate Authority has considered all the aspects of the matter while deciding the appeal. However, he could not demonstrate from the record that any independent application of mind has been applied by the Commissioner in allowing the appeal. 5. In view of the aforesaid fact, Sri Anil Kumar Aditya, learned counsel for the respondent agrees that the order of the Commissioner, Allahabad Division, Allahabad dated 28.12.2017 may be set aside and the matter may be remanded back to the Commissioner, Allahabad Division, Allahabad for deciding the dispute afresh. 6. In such view of the fact, the impugned order dated 28.12.2017 passed by the Commissioner, Allahabad Division, Allahabad in Appeal No.C20150200001457 (Sharda Prasad Singh Vs. Assistant Registrar and others) is set aside and the matter is remanded back to the Commissioner, Allahabad Division, Allahabad to decide the appeal afresh strictly in accordance with law within a period of three months from the date of production of certified copy of this order. 7. The writ petition is allowed. Order Date :- 27.2.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad