WPMS/1420/2025
2025 Latest Caselaw 5041 UK

Uttarakhand High Court

WPMS/1420/2025 on 28 October, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                           2025:UHC:9449
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                 COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS/1420/2025
                               Hon'ble Manoj Kumar Tiwari, J.

1. Mr. Akshay Pradhan, learned counsel for the petitioners.

2. Mr. Suyash Pant, learned Sanding Counsel for the State of Uttarakhand.

3. Mr. Rahul Consul, learned counsel for the respondent-MDDA.

4. By means of this writ petition, petitioners have sought the following reliefs:-

(i) To issue a writ, order of direction in the nature of certiorari quashing the order dated 02.05.2025 vide which the recognition of Madarsa has been put on hold, till detailed enquiry (contained as Annexure no. 2 to this writ petition).

(ii) To issue a writ, order of direction in nature of mandamus commanding the respondent to unseal the premises of the petitioner-society, which have been illegally sealed by the respondents on 10.03.2025.

5. Mr. Akshay Pradhan, learned counsel appearing for the petitioners submits that he is giving up the prayer made in relief clause no. 1 and he is confining the relief only to prayer no. 2. He further submits that the issue raised in this writ petition has been decided by this Court in Writ Petition (M/S) No. 835 of 2025, therefore, this petition may also be decided in terms of the judgment rendered in the said writ petition.

6. Learned State Counsel submits that issue is no longer res integra, therefore, the writ petition be decided in terms of the aforesaid judgment.

7. In such view of the matter, this 2025:UHC:9449 petition is decided in terms of the judgment dated 26.08.2025 rendered in Writ Petition (M/S) No. 835 of 2025.

8. 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.

9. 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.) 28.10.2025 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

SINGH UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08 d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4 610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL

ASWAL Date: 2025.10.28 04:57:15 -07'00' 2025:UHC:9449