JUDGMENT Arun Tandon, J.—Heard Sri Ashok Khare, senior advocate, assisted by Sri S. D. Shukla, and Sri Rajesh Rai, learned counsel for the petitioners, Sri Ravi Kant, senior advocate, assisted by Sri Manoj Kumar Pandey, learned counsel for the respondent Nos. 4 and 5 and learned standing counsel for the respondent Nos. 1 to 3. 2. There is a registerd society in the name style of Hari Shyam Khadi Gram Udyog Sewa Sabha, Malak Harhar, Allahabad, under the Societies Registration Act. The said society has set up a Junior High School in the name style of Uttar Pradeshiya Balika Junior High School, Malak Harhar, Allahabad. 3. Under the judgment and order of this Court dated 22nd April, 2004 passed in Civil Misc. Writ Petition No. 8577 of 1994, Shri Ashtahbhuja Prasad Dubey and others v. Zila Basic Shiksha Adhikari, Allahabad and others), the dispute with regard to the claim of rival parties to manage the institution, was remanded to be decided afresh in the light of the judgment and order passed by this Court dated 21st September, 1993 in Civil Misc. Writ Petition No. 20957 of 1990. This Court had further directed that while deciding the question as to which of the society is entitled to manage the institution, the Zila Basic Shiksha Adhikari shall take into consideration all the necessary facts including control over the finance of the institution, control over the teachers and staff of the institution, recognition of the office bearers by the educational authorities etc. 4. In compliance of the order of this Court the Zila Basic Shiksha Adhikari has passed the order dated 28th May, 2004 and by means of the said order he has held that the society Hari Shyam Khadi Gramodayog Sewa Samiti, Malak Harhar, Allahabad is entitled to manage the institution through its Manager/Secretary Sri Krishna Narayan Upadhyaya and has rejected the claim of Sri Ramesh Chand Misra in respect thereto. 5. Feeling aggrieved by the aforesaid order of the Zila Basic Shiksha Adhikari the Committee of Management of Hari Shyam Khadi Gram Udyog Sewa Sabha through its Secretary Sri Ramesh Chand Misra has filed this writ petition and has also challenged the order of the Basic Shiksha Adhikari dated 28th May, 2004. 6. With the consent of the parties, the present writ petition is being disposed of without calling for counter-affidavit from the respondents at the admission stage itself. 7. 6. With the consent of the parties, the present writ petition is being disposed of without calling for counter-affidavit from the respondents at the admission stage itself. 7. One of the contentions raised on behalf the petitioner in the present writ petition is that the hearing in the matter was concluded by the Zila Basic Shiksha Adhikari on 15th May, 2004, on 17th May, 2004 and on 22nd May, 2004, two notices were issued to the petitioners as well as to the respondent Nos. 4 and 5 to file such other documents as they may be advised, in support of their respective claims. 8. It is stated that the documents have been filed by the parties before the Zila Basic Shiksha Adhikari on 20th May, 2004 and 26th May, 2004. Admittedly no hearing was done by the Zila Basic Shiksha Adhikari after filing of the aforesaid additional documents by the parties. 9. A Division Bench of this Court in the judgment in Captain Rachpal Singh v. Union of India, 1987 UPLBEC V-1 114, has specifically held that the procedure of accepting the documents subsequent to the close of the hearing, is legally not justified and proper course is to permit the exchange of documents between the parties, the hearing should take place. 10. In view of the aforesaid settled legal position, the procedure followed by the Zila Basic Shiksha Adhikari cannot be legally sustained. The order passed by the Basic Shiksha Adhikari dated 28th May, 2004 is hereby quashed. The matter is remanded to the Zila Basic Shiksha Adhikari, Allahabad to reconsider the dispute after permitting the exchange of documents between the parties and after affording opportunity of hearing to the parties concerned thereafter. The aforesaid exercise may be undertaken by the Zila Basic Shiksha Adhikari preferably within one month from the date a certified copy of this order is produced before him. The parties are at liberty to file a certified copy of the order of this Court passed today within ten days from today before the Zila Basic Shiksha Adhikari. 11. The aforesaid exercise may be undertaken by the Zila Basic Shiksha Adhikari preferably within one month from the date a certified copy of this order is produced before him. The parties are at liberty to file a certified copy of the order of this Court passed today within ten days from today before the Zila Basic Shiksha Adhikari. 11. At this stage, the contention has been raised on behalf of the petitioners that the Basic Shiksha Adhikari may be required to ignore the facts and circumstances, which may have been brought about because of the orders passed by the education authorities dated 19th September, 1989 and 10th January, 1994, which have been set aside by this Court in Writ Petition No. 209570 of 1990 which has been allowed on 21st September, 1993 and the judgment and order dated 22nd April, 2004, passed by this Court in Civil Misc. Writ Petition No. 8577 of 1994. The Zila Basic Shiksha Adhikari may also be required to take into consideration the affidavits and other documents filed by the education authorities themselves in regular civil suits pending between the parties. 12. It is not necessary for this Court to enter into the said issue at this stage, the Basic Shiksha Adhikari is expected to decide the said matter strictly in accordance with law having regard to the effect of the judgments of this Court referred to above as also to affidavits which may have been filed in suit proceedings. 13. Subject to the observations referred to above, the present writ petition is allowed.