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2025 DAILYLAW 73587 (ALL)

COMMITTEE OF MANAGEMENT AND ANOTHER v. UNION OF INDIA AND 3 OTHERS

WRIC/22108/2025 · 2025-07-27

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123814 Court No. - 32 Case :- WRIT - C No. - 22108 of 2025 Petitioner :- Committee Of Management And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Sankalp Narain Counsel for Respondent :- A.S.G.I.,C.S.C.,Sanjai Singh Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking the following main prayers:- "i. to issue a writ, order or direction in the nature of the mandamus commanding the respondent-UCO Bank, Branch Shikarpur District Bulandshahar to allow the petitioners to operate the bank account of the society namely Muslim School Shikarpur Bulandshahar having Account No. 03150100004934 which has been opened in the UCO Bank, Branch Shikarpur District Bulandshahar. ii. to issue a writ, order or direction in the nature of mandamus commanding the respondent-bank to not interfere with the peaceful functioning and operation of the aforesaid bank account by the petitioners, which has been opened in the respondent no. 3 bank." 2. Learned counsel appearing on behalf of petitioners without entering into merits of the case, made innocuous prayer that the petitioner no.2 may be permitted to file fresh representation/application before respondent no.3 for operation of the bank account of the society and a direction may be issued to him to decide the same in time bound manner. 3. Sri Sanjai Singh, learned counsel appeared on advance accepted notice on behalf of respondent nos.2 and 3 vehemently opposed the writ petition and submitted that on earlier occasion an application/ representation was submitted by the petitioner no.2 without certification of the signature of the petitioner no.2 by the Deputy Registrar, who is the competent authority. It is submitted that he has no objection, if the petitioner no.2 made a fresh representation/ application after certification of his signature by the competent authority as required, the bank may consider the said representation/application, in accordance with law. 4. Heard learned counsel for the petitioners, Sri Ajay Singh, learned counsel for respondent no.1, Sri Sanjai Singh, learned counsel appearing for respondent nos.2 and 3- Bank and Sri Awadhesh Kumar Mishra, learned counsel for the State- respondents and perused the contents made in the writ petition. 5. Since, the matter has not been pressed on merit and only made an innocuous prayer that the petitioner no.2 may be permitted to file a fresh representation/ application before the respondent no.3, and no objection made by learned counsel appearing on behalf of respondent- Bank for reconsideration of the fresh representation/ application, without entering into merits of the case, I am inclined to allow the innocuous prayer made by the learned counsel for the petitioner. The petitioner no.2 is permitted to file a fresh representation/ application along with the present writ petition and certified copy of this order before the respondent no.3 i.e. UCO Bank, Branch Shikarpur District Bulandshahar through its Manager after certification of his signature and other requirements under the law within ten days from today. In case any such representation/ application is filed by the petitioner no.2, the respondent no.3 is directed to proceed in accordance with law and pass an appropriate order on the same, expeditiously, preferably within a period of four weeks from the date of receipt of the said representation/application. 6. With the aforesaid directions/observations, the present writ petition is disposed of. Order Date :- 28.7.2025 Radhika (Chandra Dhari Singh, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad