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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.744 of 2025 ====================================================== North India District Council Of The Assemblies Of God, Through Its Authorized Person, Shri Lalu Varghese, Having Its Registered Office At16/5, Sarojini Naidu Marg, Lucknow-226001uttar Pradesh, Running Assembly Of God Church School Bettiah, West Champaran, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Inspector General Registration, Department Of Excise, Production And Registration, State Of Bihar, New Secretariat, Patna, Bihar 2.

The Inspector General Registration Department Of Excise, Production And Registration State Of Bihar new Secretariat, Patna, Bihar 3.

Assistant Inspector General Registration Department Of Excise, Production And Registration, Government Of Bihar New Secretariat, Patna, Bihar 4.

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

For the Petitioner/s :

Mr. Aarlin Moncy, Advocate Mr. Manu Tripurari, Advocate Mr. Apurv Harsh, Advocate Mr. Hritik Anand, Advocate For the State :

Mr. Kumar Mangalam, AC to SC-24 For Respondent No.5 :

Mr. Ajay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2025 Heard learned counsels for the parties.

2. At this stage, learned Advocate, Mr. Ajay Kumar, appears and submits that I.A. No.02 of 2025 has been filed for impleading Ms. Premi Esther Singh, as party respondent in the instant writ application on the ground that the order impugned in the instant writ application passed by the A.I.G., Registration, Government of Bihar, Patna, dated 25.11.2024 is in favour of Ms. Premi Esther Singh. It is next submitted that though Ms.

2/5 Premi Esther Singh was a necessary party, but then the petitioner for reasons best known chose not to implead her as party respondent in the instant writ petition. As such, the aforesaid I.A. No.02 of 2025 has been filed for impleading her as party respondent.

3. The I.A. No.02 of 2025 is allowed. Ms. Premi Esther Singh is impleaded as respondent no.5.

4. The instant writ application has been filed seeking quashing of the order no.812, dated 25.11.2024, passed by the A.I.G., Registration, Government of Bihar, Patna, on the ground that the same is in breach of the order dated 28.03.2024 passed in C.W.J.C. No.9608 of 2023 (North India District Council of the Assemblies of God through its authorized person, Shri Lalu Varghese vs. State of Bihar and Another) (Annexure-P/11).

5. Learned counsel appearing on behalf of the petitioner submits that petitioner being aggrieved by the order dated 19.06.2023, passed by the I.G., Registration, Bihar, Patna had approached this Court by filing C.W.J.C. No.9608 of 2023 with a prayer to quash the said order on the ground that the same was passed in breach of the principles of natural justice. It is also submitted that the order dated 19.06.2023, passed by the I.G., Registration, reviewed the order dated 08.05.2023, passed

3/5 by the A.I.G., Registration and thereafter, revived the order dated 30.09.2022, passed by the I.G., Registration, which was against the petitioner. It is thus submitted that the I.G., Registration, by passing the order dated 19.06.2023 had revived an order which was against the petitioner without hearing him. As such, this Court by order dated 28.03.2024 in C.W.J.C. No.9608 of 2023 quashed the order dated 19.06.2023 passed by the I.G., Registration and remanded the matter back to the I.G. Registration, for passing a fresh order in accordance with law after hearing all the parties.

6. The learned counsel for the petitioner submits that the I.G., Registration in complete breach of the order passed by this Court in C.W.J.C. No.9608 of 2023 directed his subordinate i.e. A.I.G., Registration, to pass an order instead of deciding the lis between the parties in terms of the order dated 28.03.2024 in C.W.J.C. No.9608 of 2023. The A.I.G., Registration, accordingly passed the order impugned in the instant writ application. As such, the same is under challenge on the aforesaid ground as recorded hereinabove. The learned counsel for the petitioner reiterates and submits that petitioner was aggrieved by an order passed by the I.G., Registration, necessitating filing of C.W.J.C. No.9608 of 2023 and this Court

4/5 after hearing the learned counsels for the parties quashed the order dated 19.11.2023 and directed the I.G., Registration, to pass order afresh in accordance with law, but then the I.G. Registration, instead of passing an order in compliance of the orders of this Court, chose to breach the same by allowing his subordinate to pass the order impugned i.e. 25.11.2024. It is submitted that the order impugned also records that it has approval of the I.G., Registration, which amply demonstrates that the I.G. Registration, did not adjudicate the lis in terms of the orders of this Court when earlier the petitioner had approached this Court being aggrieved by the order of the I.G., Registration, which was set aside. It is thus submitted that since the order impugned in the writ application has been passed by an authority who was not authorized by this Court to pass the order, as such, the order becomes vulnerable.

7. Learned counsels for the State and the respondent no.5 are not in a position to rebut the submissions advanced by the learned counsel for the petitioner i.e. the order had to be passed by the I.G., Registration, in terms of the order dated 28.03.2024 passed in C.W.J.C. No.9608 of 2023.

8. After hearing the learned counsels for the parties, this Court is in complete agreement with the learned counsel for

5/5 the petitioner. As such, the order no.812, dated 25.11.2024, passed by the A.I.G., Registration, Government of Bihar, Patna, is hereby set aside and the matter is remanded back to the I.G., Registration, Government of Bihar, Patna, for deciding the lis between the parties afresh in accordance with law within a period of three months from the date of receipt/production of a copy of this order after giving proper opportunity or hearing to all the parties.

(Satyavrat Verma, J) shikha/- U