Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.360 of 2023 ====================================================== Assembly of God Mission, through its member cum Chairman namely Carol M Lal, Male, Age- 61, S/o S. Lal, Registered Office at PO Box No. 6, Bettiah, West Chamnparan. ... ... Petitioner/s Versus
1. The State of Bihar through its Chief Secretary, Main Secretary, Patna. 800001
2. Inspector General of Registration Prohibition Excise and Registration Department, , Govt. of Bihar, Having its office at Patna, Bihar.
3. Assistant Inspector General, Trihut Pramandal, Mujaffarpur, Registration Prohibition, Excise and Registration Department.
4. District Magistrate, Bettiah, West Champaran, Bihar.
5. Ms. Premi Esther Singh, D/o Late Rajendra Singh R/o A.G. Mission Campus, P/o Belbagh, Bettiah, Dist.- West Champaran (Bihar), Pin- 845438. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Vikash Kumar, SC-11 Mr. Rewti Kant Raman, AC to SC-11 For the Intervenor : Mr. Amit Srivastava, Sr. Advocate : Mr. Aarlin Moncy, Advocate : Mr. Siddharth Shankar Singh, Advocate : Mr. Akash Ambuj, Advocate : Mr. Girish Pandey, Advocate For the respondent no. 5 : Mr. Ajay Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 13-08-2026 No one appears on behalf of the petitioner though Mr. Amit Srivastava, learned Senior counsel representing proposed respondent no. 6, who has preferred I.A. No. 04 of 2025 and Mr. Rewti Kant Raman, learned counsel for the State as also learned counsel for the respondent no. 5, Mr. Ajay Kumar are present.
2. The present petition has been preferred for the
Patna High Court CWJC No.360 of 2023(3) dt.13-08-2026 2/5 following relief/s:
“(i) for quashing the order dated 30.09.2022 issued vide Memo No. BS- 101018/2003-903 under the signature of respondent no.2 whereby observer has been appointed and election has been ordered to be held between the old members of ASSEMBLIES OF GOD MISSION and the people who are heirs of Ex-Principal, not being member of the said society. Also, by the same order, District Magistrate, West Champaran have been handed over the charge of the school running under the management of the society. (ii) for directing the respondent no. 4 not to interfere with the regular functioning of the school which is being looked after properly by the Petitioner and the other members of the society. (iii) for directing the respondent no. 2 to accept the I resolution dated 17.05.2022 submitted by the petitioner with the original and other members of society in the office of respondent no. SO that smooth functioning of the society and
Patna High Court CWJC No.360 of 2023(3) dt.13-08-2026 3/5 management of school running under the society can be ensured. 2 (iv) any other order(s) for which the Petitioner is deemed entitled for.”
3. At the outset, learned counsel representing the State as also respondent no. 5 jointly submit that the order dated 19.06.2023 passed by the Inspector General, Registration Department of Prohibition, Excise and Registration, Bihar and other orders have been challenged in the writ petition, however, the said order dated 19.06.2023 already stands quashed by a Coordinate Bench in the case of North India District of Assemblies of God vs. State in CWJC No. 9608 of 2023 (disposed of on 28.03.2024).
4. The short order of the Coordinate Bench dated 28.03.2024 read as under: 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.
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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., 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.
5. In that background, when the order in question itself stand quashed by the Coordinate bench, the case has become infructuous. I.A. No. 04 of 2025
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6. At this stage, learned Senior counsel for the proposed intervenor respondent submits that the aforesaid I.A. was preferred for directing registration of F.I.R. against both the petitioner as also respondent no. 5 for the offence of perjury punishable under Section 229 of Bhartiya Nyaya Sanhita, 2023.
7. This Court is of the opinion that when the writ petition itself has become infructuous, the same has to be
disposed of and the proposed intervenor respondent can take route to the legal remedy available to him under the law of the land.
CWJC No. 360 of 2023
8. The entire facts have been recorded and the writ petition stands disposed of as infructuous.
9. Pending I.A(s), if any, shall also stands disposed of.
Sanny/- (Rajiv Roy, J) U