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2025 DAILYLAW 8974 (UTT)

MADARSA JAMIYA SABILUS SALAM v. STATE OF UTTARAKHAND

WPMS/2086/2025 · 2025-07-14

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS D1- 16 WPMS No.2086 of 2025 Hon’ble Ravindra Maithani, J. Mr. Mohd. Safdar, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel for the State. Heard. It is the case of the petitioner that his premises has been sealed without affording an opportunity of hearing to him on 22.03.2025. The petitioner wanted to run a Madarsa, but due to paucity of funds, he could not do so. The petitioner has sought directions of the Court that the property maybe unsealed subject to the petitioner giving an undertaking that he will not operate any Madarsa unless he is authorised to do so by the State Government. Learned counsel for the petitioner submits that the premises of the petitioner has been illegally sealed without affording an opportunity of hearing to him; the petitioner was not running any Madarsa; he had planned to establish one, but due to paucity of fund, he could not do so; the petitioner is ready to give an undertaking that he would not run any Madarsa in the premises, unless he is authorised to do so by the State Government. Learned State Counsel submits that if the petitioner gives such undertaking, the petition may be disposed of in terms thereof. The Court takes on record the statement given by learned State Counsel. The writ petition is finally disposed of with the direction to the respondents authority to unseal the premises in question, subject to the petitioner giving an undertaking that he will not run any Madarsa or Educational Centre in the premises, unless he is authorised to do so by the State Government. In case the petitioner makes any defiance to the undertaking given by him, the respondents authority shall be free to take such action, as is permissible under law. (Ravindra Maithani J.) 14.07.2025 RV