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Patna High CourtCWJC/9608/2023allowed

North India District Council Of The Assemblies Of God v. The State Of Bihar

2024-03-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9608 of 2023 ====================================================== North India District Council of the Assemblies of God through its Authorized person Shri Lalu Varghese having its Registered office at 16/5, Sarojini Naidu Marg, Lucknow-226001, Uttar Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar through Inspector General Department of Excise, Prohibition and Registration Government of Bihar, New Secretariat, Patna, Bihar.

2.

The District Magistrate, West Champaran, Bettiah, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Pravesh Sharma Mr.Mukesh Kumar No1 For the State :

Mr.Vikash Kumar ( Sc 11 ) For the Intervenor :

Mr. Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner, learned counsel for the State and the learned counsel appearing on behalf of the intervenor.

2. It is an admitted position that the impugned order dated 19.06.2023 has been passed by the I.G., Registration, Bihar, Patna without hearing the petitioner.

3. Any order which affects the right of a person or a society can only be passed after hearing the person. This order has been passed in complete violation of the principles of natural justice.

4. In view of the above, this application is allowed.

5. The order dated 19.06.2023 passed by the I.G.,

Patna High Court CWJC No.9608 of 2023(4) dt.28-03-2024 2/2 Registration, Bihar, Patna is quashed.

6. The I.G., Registration, Bihar, Patna may pass a fresh order in accordance with law after hearing all the parties.

7. Since the order dated 19.06.2023 has been quashed, the earlier order dated 08.05.2023 passed by the authorities that the NIDC of AG will run the school will remain in force till the fresh order is passed by the I.G. Registration, Bihar after hearing all the parties.

(Sandeep Kumar, J) Saif/- U