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2025 Supreme(Online)(UK) 1005043

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.)

07.10.2025 Aswal N SI I N T G I R H A A J SWAL DU21sED5.TiN a5r g 8eti:4eAa Atcl:3a 52N =Rl 80Iu yNf=mK s,e, io 1bpag . A= 7con 2NHrse =6tDIdaG74F7 ,lb5CE yo4 CeB0 Nd: O5, I c4 TU=n8C 2R B961A NFeO - J I0T9FS3B I '1R UN 7,AfT G 6sJ89tH =9S8 I A3URCN4STBGfWK60HAHF7 1R4LN S CKW D2H,o5ELNua3 =D8H,2 5I6GfF958 C0C2OaUD3RA0TC8 OFb4Fd1306C95F

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