Court No. - 10
Case :- WRIT - C No. - 27813 of 2018 Petitioner :- Madarsa Muradul Uloom Islamia Arabia Shiksha Samiti Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Daya Ram Yadav Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the petitioner and Sri G.S. Chauhan, learned Standing Counsel for the State- respondents.
The petitioner is a Madarsa imparting Islamic Education. By the impugned order the Deputy District Magistrate, Mawana, District- Meerut has withdrawn permission granted to the petitioner for setting up of a loudspeaker on the report of the Circle Officer of the area intimating that the tension in the area was mounting and there would be likelihood of law and order problem.
Learned counsel for the petitioner has very vehemently sought to argue that the order impugned passed by the Deputy District Magistrate, Mawana, District- Meerut on 26th March, 2018 (Annexure-4 to the petition) is illegal and has been passed without affording any opportunity to the petitioner and is also based on a non-existent ground.
We are not able to comprehend as to why a Madarsa which is imparting Islamic Education would require a loudspeaker. As such, in our considered opinion, the permission granted to the Madarsa for setting up of a loudspeaker was itself not warranted. Further as the impugned order has been passed on the report of the Circle Officer expressing apprehension of a law and order problem, further does not require any interference in the order impugned in the petition.
Petition lacks merit and is accordingly dismissed.
Order Date :- 21.8.2018 Ashutosh (Daya Shankar Tripathi,J.) (Vikram Nath,J.)