Justice Jaspreet Singh, Allahabad High Court, Lucknow Bench
Notices Prima Facie Appears To Have Been Issued Without Due Application Of Mind: Allahabad High Court Orders No Coercive Action Or Demolition Against Madarsas
|The Writ Petition was filed by several Madarsas, challenging the actions of the State, which had issued notices to the said Madarsas restraining them from imparting religious education.
The Allahabad High Court, in an Interim Order, has directed that "no coercive action or demolitions” shall be taken against Madarsas, while remarking that the notices prima facie appear to have been issued without due application of mind.
The Writ Petition was filed by Madarsa Moinul Islam Qasmiya Samiti along with several other Madarsas, challenging the actions of the State of U.P., which had issued notices to the said Madarsas restraining them from imparting religious education.
A Single Bench of Justice Jaspreet Singh remarked, “Taking note of the notices sent to the petitioners dated 1.5.2025, it reflects that all notices are bearing one number and prima facie appears to have been issued without due application of mind.”
Advocate Aviral Raj Singh appeared for the Petitioner, while Advocate Kumar Ayush represented the Respondent.
Brief Facts
The Petitioners submitted that they were not granted any opportunity of a hearing by the State. The contention further was that such conduct indicated mechanical exercise and no proper application of the mind. It was also submitted that the language which was used in the said notices indicated that pre pre-mediated decision was taken and there was no purpose for the Madrasas to respond as the action had been taken before waiting for the response.
Court’s Reasoning
The High Court noted, “This court notices that when the matter was taken up yesterday i.e. on 4.6.2025, this was the submission which was made and it is for the aforesaid reason that the court had required learned Standing Counsel not only to update his instructions but also to produce the record to ascertain whether notice was issued and served upon the petitioners.”
“Despite seeking time, the record has not been placed before the court today and two weeks' time has been sought by the State,” the Bench further noted.
The Court remarked, “It is now equally well settled that where any notice in the nature of a show cause is issued, it must be issued with sufficient particularity so that the noticee can respond specifically and can know what charge is to be replied.”
The Bench held, “Considering the aforesaid, at this stage, the case for prima facie intervention is made out. Respondent State prays for two weeks' time to file counter affidavit. Let the same be filed within the aforesaid period with advance copy to the counsel for the petitioners.”
Consequently, the Court ordered, “As an interim measure, it is provided that no coercive action or demolitions shall be taken against the petitioners, till the next date of listing.”
Accordingly, the High Court listed the matter 3rd July, 2025 as fresh.
Cause Title: Madarsa Moinul Islam Qasmiya Samiti & Anr. v. State Of U.P. & Ors. (WRIT - C No. - 5521 of 2025)
Appearance:
Petitioner: Advocates Aviral Raj Singh, Ali Moid and Ashutosh Verma
Respondent: Advocate Kumar Ayush