High Court · 2025
Case Details
Heard Shri Prashant Chandra, learned Senior Advocate assisted by Shri Aviral Raj Singh, Shri Ali Moid and Shri Mohd. Yasir, learned counsels for the petitioners, Shri Nripendra Mishra, learned counsel appearing in Writ-C No. 5637 of 2025, Shri Umesh Singh, learned counsel appearing in Writ-C No. 6097 of 2025, Shri Ratnesh Singh, learned counsel appearing in Writ-C No. 7702 of 2025 as well as Shri Ashok Shukla, learned Additional Advocate General and Shri Sanjeev Singh, learned Standing Counsel representing the State-respondent(s) and Shri Kumar Ayush, learned counsel representing the B.S.A. in some of the connected writ petitions and perused the material brought on record.
2. In the entire group of petitions, the challenge is that, the orders have been passed stoppling the functioning of the Madarsas without giving any opportunity of hearing, in some cases, the orders have been annexed, in the other cases, it has been alleged that although, no orders were passed, however, the petitioners were being restrained from running the Madarsas without even providing an opportunity of hearing.
3. This Court had considered a similar matter and had passed a Judgment in Writ-C No. 4464 of 2025, decided on 14.05.2025, subsequent also some writ petitions were disposed of on the same terms and conditions quashing the orders of stopping the functioning of the petitioners with a liberty to pass fresh orders in accordance with law. -10-
4. The attention of this Court has also drawn towards some of the orders, whereby, directions were also given for de-sealing the premises in case, they were de-sealed, in the light of the said facts and considering that in the present case, primafacie, orders have been passed without giving an opportunity of hearing in some of the cases and in some cases, as per the petitioners they are not being permitted to run the institutions without there being an opportunity of hearing, the petitions are disposed of quashing the orders passed in the cases of the petitioners, which are without affording an opportunity of hearing with liberty to pass fresh orders in accordance with law, after giving an opportunity of hearing.
5. In respect of the cases, where the orders have not been annexed, the respondents are permitted to pass fresh orders, in accordance with law, after giving an opportunity of hearing, if so advised.
6. It is further made clear that in case of the petitioners whose premises have been sealed, they shall be de-sealed immediately by the authorities concerned.
7. All the above petitions stands disposed of with the aforesaid observations. Order Date :- 21.08.2025 Praveen [Pankaj Bhatia, J.] PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Heard Shri Prashant Chandra, learned Senior Advocate assisted by Shri Aviral Raj Singh, Shri Ali Moid and Shri Mohd. Yasir, learned counsels for the petitioners, Shri Nripendra Mishra, learned counsel appearing in Writ-C No. 5637 of 2025, Shri Umesh Singh, learned counsel appearing in Writ-C No. 6097 of 2025, Shri Ratnesh Singh, learned counsel appearing in Writ-C No. 7702 of 2025 as well as Shri Ashok Shukla, learned Additional Advocate General and Shri Sanjeev Singh, learned Standing Counsel representing the State-respondent(s) and Shri Kumar Ayush, learned counsel representing the B.S.A. in some of the connected writ petitions and perused the material brought on record.
2. In the entire group of petitions, the challenge is that, the orders have been passed stoppling the functioning of the Madarsas without giving any opportunity of hearing, in some cases, the orders have been annexed, in the other cases, it has been alleged that although, no orders were passed, however, the petitioners were being restrained from running the Madarsas without even providing an opportunity of hearing.
3. This Court had considered a similar matter and had passed a Judgment in Writ-C No. 4464 of 2025, decided on 14.05.2025, subsequent also some writ petitions were disposed of on the same terms and conditions quashing the orders of stopping the functioning of the petitioners with a liberty to pass fresh orders in accordance with law. -10-
4. The attention of this Court has also drawn towards some of the orders, whereby, directions were also given for de-sealing the premises in case, they were de-sealed, in the light of the said facts and considering that in the present case, primafacie, orders have been passed without giving an opportunity of hearing in some of the cases and in some cases, as per the petitioners they are not being permitted to run the institutions without there being an opportunity of hearing, the petitions are disposed of quashing the orders passed in the cases of the petitioners, which are without affording an opportunity of hearing with liberty to pass fresh orders in accordance with law, after giving an opportunity of hearing.
5. In respect of the cases, where the orders have not been annexed, the respondents are permitted to pass fresh orders, in accordance with law, after giving an opportunity of hearing, if so advised.
6. It is further made clear that in case of the petitioners whose premises have been sealed, they shall be de-sealed immediately by the authorities concerned.
7. All the above petitions stands disposed of with the aforesaid observations. Order Date :- 21.08.2025 Praveen [Pankaj Bhatia, J.] PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench