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Judgment
Rahul Bharti, J
Heard learned counsel for the petitioners.
All the three petitioners have their own independent cause of action being addressed in the present writ petition but they have joined together to come up with a common writ petition in the context that by reference to one Order passed by the Divisional Commissioner, Jammu, the respective madrassas being run by the petitioners have been subjected to an adverse course of action amounting to take over.
Learned Sr. Advocate appearing on behalf of the petitioners submits that with respect to one charitable trust known as Maulana Ali Miyan Nadwi Education Charitable Trust (MAMNECT), Bathindi, Jammu, the Divisional Commissioner, Jammu has come to pass an order no. 301/FCRA/2023/696-714 dated 14.06.2023, whereby the madrassas being run by the Maulana Ali Miyan Nadwi Education Charitable Trust (MAMNECT), Bathindi, Jammu have been directed to be taken over.
The petitioners in their writ petition are pleading that they have no concern or connection with Maulana Ali Miyan Nadwi Education Charitable Trust (MAMNECT), Bathindi, Jammu and as such, the respective madrassas being run by the petitioners cannot be painted with the same brush as has been done with respect to Maulana Ali Miyan Nadwi Education Charitable Trust (MAMNECT), Bathindi, Jammu.
Learned Sr. Advocate appearing for the petitioners refers to an order no. 973-77/DM/Doda dated 21.06.2023 passed by the District Magistrate, Doda, a copy of which has been addressed to the petitioner no. 2’s Chairman wherein by reference to the Divisional Commissioner, Jammu’s said Order no. 301/FCRA/2023/696-714 dated 14.06.2023 the District Magistrate, Doda has appointed the District Social Welfare Officer, Doda as Administrator of the madrassas run by the petitioner no. 2 on temporary basis. Similarly the Sub Divisional Magistrate, Mahore, purportedly acting upon the order of the Deputy Commissioner, Reasi no. DC/Rsi/Dis/2023-24/624-35 dated 21.06.2023 read with order no. DC/RSI/PS/02/2023-24/187-97 dated 20.06.2023, has taken over the management of the madrassa of the petitioner no. 3. The petitioner no. 1 is waiting in expectation to suffer the same treatment by reference to the aforementioned order of the Divisional Commissioner, Jammu.
Learned Sr. Advocate appearing on behalf of the petitioners submits that without affording any opportunity of hearing to the petitioners in the context of administration and management of their respective madrassas, the Deputy Commissioner, Doda and the Deputy Commissioner, Reasi have condemned the petitioners’ madrassas with an adverse judgement.
A perusal of the aforesaid communications does reflect that the officers issuing the said two communications are relying upon the said order of the Divisional Commissioner, Jammu mentioned above.
A perusal of the said order no. 301/FCRA/2023/696-714 dated 14.06.2023 of the Divisional Commissioner, Jammu would reflect that it nowhere authorizes the respective Deputy Commissioner of the Districts to carry out takeover of the madrassas run by other Trusts. The order of the Divisional Commissioner, Jammu is specific to Maulana Ali Miyan Nadwi Education Charitable Trust (MAMNECT), Bathindi, Jammu.
Prima facie case is made out.
Issue notice to the respondents.
Petitioners to furnish registered postal covers for the service of the respondents within a period of seven days, whereupon the Registrar Judicial, Jammu to issue notices to the respondents.
In the meantime, the respondents are directed not to act against the madrassa being run by the petitioner no. 1 without first putting the petitioner no. 1 to prior show cause notice and invite response whereupon to pass any reasoned order thereupon. With respect to the petitioner nos. 2 & 3, the impugned orders, whereby the madrassas run by them have been taken over, shall remain in abeyance. This order is however subject to objections from the other side.
List this case on 18.08.2023.