WPMS/2718/2025
2025 Latest Caselaw 4536 UK

Uttarakhand High Court

WPMS/2718/2025 on 22 September, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                         2025:UHC:8483
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                   COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS/2718/2025
                               With
                               WPMS/2719/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Faizan Ali, Advocate holding brief of Mohd. Safdar, Advocate for the petitioner.

Mr. Suyash Pant, Standing Counsel for the State.

2. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 2718 of 2025 (MS) alone are being discussed and considered.

3. Petitioner is running an educational institution, where religious teachings are imparted. The District Administration has sealed the building of the said institution. In WPMS No. 2718 of 2025, petitioner has sought the following relief:

"To issue a writ, order or direction in the nature of mandamus commanding the respondents to permanently unseal the premises of the petitioner's Madarsa Rahimiya Situated at Village Padli Genda Tehsil Roorkee District Haridwar and petitioner will gave undertaking to respondents authority that in future petitioner will not operate Madarsa in-question which have been illegally sealed by the respondents without due recognition by the state government under the rules and regulations.

4. Learned counsel for the petitioner submits that issue involved in this writ petition is decided in Writ Petition No. 835 of 2025 (MS), 2025:UHC:8483 therefore, this petition be decided in terms of the said judgment.

5. Learned State Counsel fairly concedes that the issue decided in that writ petition covers the issue raised by petitioner in this petition, therefore, he has no objection if this petition is decided in terms of the said judgment.

6. Accordingly, the writ petition is decided in terms of judgment dated 26.08.2025, rendered by this Court in Writ Petition No. 835 of 2025 (MS).

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/recognized 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.) 22.09.2025 Mahinder/

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

MAHINDER SINGH UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b 08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9E A4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.23 10:35:04 +05'30'