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Allahabad High Court

ATLANTIS COLLEGE OF EDUCATION AND ANOTHERversusSTATE OF U.P. AND 9 OTHERS

Decided
Disposal
Disposed off/Decided on merits

Holding

The Court allowed the innocuous prayer, directing the petitioners to file a fresh representation and respondent No.6 to decide it within six weeks.

Summary

The petitioners, Atlantis College of Education and another, filed a writ petition seeking quashing of a trust deed registration and mandamus directing various respondents to consider their objections and allow participation in a society election. The petitioners' counsel also made an innocuous prayer to be permitted to file a fresh representation before respondent No.6 and obtain a time‑bound decision. The State of U.P. and other respondents opposed the substantive relief but did not contest the innocuous prayer. The Court, without delving into the merits, allowed the innocuous prayer as there was no objection to it, directing the petitioners to file a fresh representation within ten days and respondent No.6 to decide it within six weeks. Consequently, the writ petition was disposed of after issuing these procedural directions.

Issues considered

  • Whether the petitioners may be permitted to file a fresh representation before respondent No.6 and obtain a time‑bound decision on their objection.

Subjects

  • writ petition
  • certiorari
  • mandamus
  • trust deed
  • society election
  • fresh representation
  • High Court

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - C No. - 31497 of 2025

Atlantis College Of Education And Another
                                                                   .....Petitioner(s)
                                       Versus

State Of U.P. And 9 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                    :   Sitaram Yadav
Counsel for Respondent(s)                    :   Avneesh Tripathi, C.S.C.

Court No. - 32
                 HON'BLE CHANDRA DHARI SINGH, J.

1. The instant writ petition has been filed seeking the following main
prayer:-

"i. A writ order or direction in the nature of Certiorari for quashing the impugned
Registration of Trust Deed dated 17.07.2025 registered by respondent no.4
(Annexure-4 to this writ petition). respondent no.6 to decide petitioner objection
regarding Atlantis College of Education as accordance with law and provide
opportunity to participate in election with preparation of valid member voter of the
society by considering objection of the petitioners.

ii. A writ order or direction in the nature of Mandamus directing the respondent no.2
to consider the valid deed and decide the objection filed by petitioners Atlantis
College of Education within stipulated time.

iii. A writ order or direction in the nature of Mandamus directing the respondent no.6
to decide petitioner objection regarding Atlantis College of Education as accordance
with law and provide opportunity to participate in election with preparation of valid
member voter of the society by considering objection of the petitioners within
stipulated time."

2. Learned counsel appearing on behalf of petitioners without entering
into merits of the case, made an innocuous prayer that the petitioners may
be permitted to file a fresh representation before respondent no. 6 and a
direction may be issued to him to decide the same in time bound manner.

3. Learned Standing Counsel appearing on behalf of the State-respondents
vehemently opposed the writ petition on merits, but has not opposed the
innocuous prayer as made by learned counsel appearing on behalf of the
petitioners.

4. Heard Sri Sitaram Yadav, learned counsel appearing on behalf of the
petitioners, Sri D.K. Singh, learned Standing Counsel appeared on
                                                                                           WRIC No. 31497 of 2025
                                                                   2


                                    advance accepted notice on behalf of the State-respondents, Shri Avneesh
                                    Tripathi, learned counsel appeared on advance accepted notice on behalf of
                                    the respondent No. 2, perused the contents made in the writ petition and
                                    the documents on record.

                                    5. Without entering into merits of the case, I am inclined to allow the
                                    innocuous prayer made by learned counsel appearing on behalf of the
                                    petitioners as no objection made on behalf of learned Standing counsel
                                    appearing on behalf of State-respondents and learned counsel appearing
                                    for the respondent No. 2. Petitioners are directed to file a fresh
                                    representation along with present writ petition as well as certified copy of
                                    this order before respondent no.6 within 10 days from the date of
                                    production of certified copy of this order. After receiving the said
                                    representation, respondent no.6 is directed to decide the said
                                    representation in accordance with law, expeditiously, preferably within a
                                    period of six weeks from the date of receiving of the said representation.

                                    6. With the aforesaid directions/observations, the present writ petition is
                                    disposed of.


                                                                                    (Chandra Dhari Singh,J.)
                                    September 10, 2025
                                    Jaswant




Digitally signed by :-
JASWANT KUMAR
High Court of Judicature at Allahabad


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