HIGH COURT OF UTTARAKHAND
MADARSA USMANIYA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPMS 2827 / 2025
Office Notes,
reports, orders or proceedings
SL.
Date or directions COURT’S OR JUDGE’S ORDERS
No.
and Registrar’s
order with Signatures
WPMS/ 2827/ 2025
Hon’ble Manoj Kumar Tiwari, J.
1. Mr. Imran Ali Khan, learned counsel
for the petitioner.
2. Mr. Devesh Ghildiyal, learned Brief
Holder for the State of Uttarakhand.
3. Petitioner runs a Maktab, where religious instructions are imparted to young students. The premises, from where Maktab is being run, has been sealed by respondent no. 4. Thus, feeling aggrieved, petitioner has approached this
Court, seeking the following reliefs:-
(i) Issue an appropriate order or direction to
the Respondent no. 4 to 5 to immediately de-seal the Petitioner’s Maktab and restore
its operations during pendency of the writ.
(ii) Issue a writ, order or direction in the
nature of prohibition prohibiting the respondents from stopping Deen Talim of
petitioner.
(iii) Issue an appropriate writ, order or
directions declare the sealing of the Maktab as illegal, arbitrary, and
unconstitutional.
4. Learned counsel for the petitioner relies upon a judgment rendered by this Court in Writ Petition (M/S) No. 835 of 2025 and submitted that since identical issue has been decided, therefore, this petition be also decided in terms of the judgment rendered in the said writ
petition.
5. Learned State Counsel concedes
that issue involved in this petition is identical.
6. In such view of the matter, this petition is decided in terms of the judgment dated 26.08.2025 rendered in Writ Petition (M/S) no. 835 of 2025.
7. Petitioner shall give undertaking before the concerned Sub-Divisional Magistrate that he will neither run Madarsa nor use the expression “Madarsa” in the name of Institution run by him till the time his Institution is duly registered/recognised by Uttarakhand Madarsa Education Board.
8. It is made clear that if petitioner fails to abide by the undertaking given by him or if he is found unauthorisedly using the expression “Madarsa” in the name of Institution run by him, the Authorities shall be free to take necessary action against the petitioner.
(Manoj Kumar Tiwari, J.)
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