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C/M. Madarsa Faiz-E-Aam And Another v. State Of U.P. And Others - WRIT - C No. 5572 of 2006 [2006] RD-AH 9592 (16 May 2006)


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Committee of Management Madarsa Faiz-E-Aam

Mau Nath Bhanjan, District Mau, a society registered

Under the Societies Registration Act, 1860 through

Its Manager Mohd. Afzal Noorani and another ......Petitioners


State of U.P. through the Secretary, Ministry of

Education (Minority Welfare, U.P. Lucknow and

Others.                                                           ...Respondents


Hon'ble Bharati Sapru, J.

I have heard learned counsel for the petitioner, learned counsel for the respondent rival Committee and also  learned Standing Counsel.

The order impugned in the present writ petition is an order by which the authority concerned had recalled his earlier order dated 13.12.05 by which he had put one of the Committees in power.    The other rival Committee complained that an order was passed without giving him a proper opportunity of hearing and thus the authority concerned fixed 30th of January, 2006, but because one of the rival Committee assumed charge, they came and filed a writ petition saying that such an order could not have been passed.  

The fact remains that several writ petitions are pending with regard to rival claims of two Committees of Management, I think it is appropriate that as the authority concerned had called the parties for rehearing on 30.1.06


an opportunity of hearing may be given to all parties concerned even as on today.  

Accordingly, I direct the authority concerned to afford to all parties concerned, an opportunity of hearing by fixing a notice of hearing giving ten clear days notice and shall dispose of the objections of all parties concerned within a period of one month thereafter.  

It is made clear that until the matter is finally disposed of by the authority concerned, the accounts of the institution shall be managed by way of a single operation by a proper authority.  

The writ petition shall stand disposed of accordingly.

In view of the order passed on Civil Misc. Writ Petition No. 5572 of 2006 all the writ petitions concerning the institution known as Madarsa Faize-E-Aam  namely, writ petition No.38472 of 2005, writ petition No.15071 of 2006 and also writ petition No. 50059 of 2005 shall also stand disposed of accordingly.  

It is made clear that the interim order granted by this Court earlier has been discharged.

Dated : 16.5.06



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