WPMS/2827/2025
2025 Latest Caselaw 4709 UK

Uttarakhand High Court

WPMS/2827/2025 on 7 October, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                     2025:UHC:8805
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                               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 2025:UHC:8805

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 NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13695

SINGH ASWAL 12ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1F E58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.10.07 04:54:39 -07'00' 2025:UHC:8805