COMMITTEE OF MANAGEMENT THE MAHESHWARI SAMAJ ALIGARH AND 3 OTHERS v. STATE OF U.P. AND 8 OTHERS
WRIC/24881/2025 · 2025-08-05
Mayur Jain Jt Registrar J Listing
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[ 2025 DAILYLAW 80009 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 80009 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:132378 Court No. - 32 Case :- WRIT - C No. - 24881 of 2025 Petitioner :- Committee Of Management The Maheshwari Samaj Aligarh And 3 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ajay Kumar,Pradeep Kumar Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed with the following main reliefs:- 1). Issue a suitable writ, order or direction in the nature of certiorari quashing the impugned order dated 23.12.2024 passed by the respondent no. 6 (Annexure No. 9) to the writ petition. 2). Issue a suitable writ, order or direction in the nature of mandamus commanding/directing the respondent no. 2 to decide the Statutory Appeal No. C 2025/8000000048 dated 15.01.2025 pending before the respondent no. 2 in alternative. 3). Issue a suitable writ, order or direction in the nature of mandamus commanding/directing the respondent no. 5 not to dislodge the committee of management of the college namely "The Maheshwar Inter College" by appointing the authorized controller replacing the committee of management in given facts and circumstances of the case."
2. Heard Mr. Ajay Kumar and Pradeep Kumar Upadhyay, learned counsel for the petitioner, Mr. Jitendra Singh, learned Standing Counsel appearing on behalf of State-Respondent Nos. 1 to 6 and Mr. Prabhakar Awasthi, learned counsel appearing on behalf of respondent nos. 7, 8 & 9.
3. Learned counsel appearing on behalf of petitioner, after some length of arguments on merit, submits that he has instruction to not press the prayer no. 1 of the present writ petition. It is further submitted and prayed that Statutory Appeal bearing No. C 2025/8000000048 dated 15.01.2025 is pending before the Respondent no. 2 i.e. appellate authority, may be directed to decide the same expeditiously within time bound manner.
4. Per contra, learned counsel appearing on behalf of respondent nos. 7, 8 & 9 has vehemently opposed the writ petition on merit
but since learned counsel appearing on behalf of petitioner has not pressed the instant writ petition on merit, then he has no objection on the prayer made by learned counsel for the petitioner to decide the appeal, pending before the statutory authority, expeditiously.
5. Taking into consideration of submissions and prayer made by
learned counsel for the petitioner as well as no objection on behalf of respondent no. 7 to 9 for the same, I am inclined to allow this prayer.
6. Without entering into the merit of this case, the Respondent No. 2-Commissioner, Aligarh Region, Aligarh i.e. appellate statutory authority is directed to decide the Statutory Appeal No. C 2025/8000000048 dated 15.01.2025 pending before him, in accordance with law, expeditiously, preferably within a period of three months from the date of production of certified copy of this
order.
7. The writ petition is accordingly, disposed of.
Order Date :- 6.8.2025 Vibha Singh (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad