BAL BHARTI NURSERY SCHOOL THROUGH ITS SECY.MOHD.HAROON SIDDIQUI AND ANR Vs. A.D.M.(CITY) ALLAHABAD & ANR

JUDGEMENT

(1.) BY this petition Bal Bharti Nursery School through its Secretary Mohd. Haroon Siddiqui (hereinafter refer to as Sri Sddiqui) and its President Syed Mohd. Nasir Fakhri (hereinafter referred to as Sri Fakhri) wants a writ of certiorari quashing the order dated 18-10-1988 passed under Section 144, Cr. P.C. and for issue of writ of mandamus commanding the respondents not to give effect to it.

(2.) IN brief, Bal Bharti Nursery School Society runs Bal Bharti Nursery School and Bal Bharti School (hereinafter referred to as the institutions). Earlier, Km. Mughal Mahmood was the President and Sri Hashim Raza Aii Bakat (herein­ after referred to as Sri Bakht) was its Secretary. There were certain complaints of embezzlement etc. against Sri Bakht. On account of tension and the likeli­ hood of disturbance of public tranquility the City Magistrate, Allahabad passed an order under Section 144, Cr.P.C.. on 15-7-1988, restraining Sri Bakht or any person authorised by him from interfering in the affairs of the institution. This order was effective till 31-8-1988. It is alleged that an election of the Committee of Management was held on 6-8-1988 in which Sri Fakhri was elected as President and Sri Siddiqui as Secretary. The dispute between the parties continued resulting in apprehension of disturbance of public tranquility. The Additional District Magistrate (City) passed another order under Section 144, Cr. P.C. on 31-8-1988, inter alia, restraining Sri Bakht and his agents to interfere in the management of the institutions or entering in the premises. This order was effective till 15-10-1988.

(3.) AFFIDAVIT , counter-affidavit and rejoinder-affidavit have been exchanged among the parties and the petition is being disposed of finally at the admission itself.