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Showing contexts for: para wise reply in Bal Vikas Vidyalaya vs The State Of Bihar on 7 April, 2025Matching Fragments
3. The learned senior counsel for the petitioner Sri Y. V. Giri has stated that the petitioner had also raised the issue with regard to forged and fabricated bye-laws produced by the respondent no. 6 along with his complaint before the respondent Registration Department apart from raising the issue regarding the respondent no. 6 being a perpetual defaulter who has not paid the subscription money since several years. The Assistant Inspector General of Registration, Registration Department, Patna High Court CWJC No.14697 of 2023 dt.07-04-2025 Bihar, Patna had thereafter, submitted an enquiry report dated 18.04.2019, to which the petitioner had submitted para-wise reply on 13.08.2019. The respondent no. 3 had then vide Memo No. 540 dated 06.09.2019 communicated to the petitioner as well as to the respondent no. 6 to submit their para-wise reply to the enclosed questionnaire, whereafter the petitioner had submitted his para-wise reply on 22.10.2019. The respondent no. 3 had then, without granting any opportunity of hearing to the petitioner, issued memo no. 737 dated 26.11.2019, addressed to the District Magistrate, Rohtas at Sasaram, stating therein that a decision has been taken to get the election of Bal Vikas Vidyalaya Samiti conducted in which only valid members will participate, hence the District Magistrate, Rohtas at Sasaram was requested to get the election of Bal Vikas Vidyalaya Samiti bearing Registration No. 58/1985-86 conducted with information to the Department. The petitioner had then challenged the said order dated 26.11.2019 passed by the respondent no. 3 by filing an appeal bearing Appeal No. 30 of 2019 before the Chairman- cum- Member Board of Revenue, Patna which was admitted vide order dated 10.02.2020 and the operative portion of the letter dated 26.11.2019 relating to conduct of election of Bal Vikas Vidyalaya Samiti was stayed. The matter was heard on several dates, however, in the meantime the respondent no. 6 had Patna High Court CWJC No.14697 of 2023 dt.07-04-2025 filed a writ petition bearing CWJC No. 7799 of 2023, which was heard by the Hon'ble Patna High Court, Patna and disposed off vide order dated 05.07.2023, with a direction to the appellate authority to dispose off the pending appeal by passing a reasoned and speaking order/judgment after hearing the respective parties within a period of six months. The aforesaid appeal was again heard by the Chairman-cum-Member, Board of Revenue, Bihar, Patna and the parties were directed to file their respective written submissions. The Chairman-cum-Member, Board of Revenue, Bihar, Patna by the impugned order dt. 19.09.2023 has disposed off the said appeal with an observation that the letter dt. 26.11.2019 written by the D.I.G., Registration to District Magistrate, Rohtas is a direction to conduct election in terms of Rule 18(iii) of the Rules, 2018, which is an interim order and not a final order, hence not appealable under Rule 22 of the Rules, 2018.
19. I have heard the learned senior counsel/counsel for the parties and perused the materials on record. The facts lie in a narrow encompass inasmuch as upon a complaint made by the private respondent no. 6 before the Inspector General of Registration, Department of Registration, Bihar, Patna i.e. the respondent no. 2 on 20.09.2018, relating to irregularities being committed by the Managing Committee of the said school including financial irregularity being done by outsiders, the Deputy Inspector General of Registration, i.e. the respondent no. 3 had directed the Assistant Inspector General, Patna Division, Patna to conduct an enquiry, whereafter enquiry was conducted and a report dated 18.04.2019 was submitted by the Assistant Inspector General, Registration, Patna Division, Patna. The Patna High Court CWJC No.14697 of 2023 dt.07-04-2025 respondent no.3 had then vide letter dated 06.09.2019 asked the petitioner as well as the respondent no. 6 to submit para-wise reply to the enclosed questionnaire, whereafter the respondent no. 3 had issued Memo No. 737 dated 26.11.2019 addressed to the District Magistrate, Rohtas at Sasaram stating therein that a decision has been taken to get the election of Bal Vikas Vidyalaya Samiti conducted in which only valid members will participate. The said letter dated 26.11.2019 was challenged by the petitioner by filing an appeal bearing Appeal No. 30 of 2019 before the Chairman-cum-Member, Board of Revenue, Patna, which was admitted vide order dated 10.02.2020 and the direction issued vide letter dated 26.11.2019 to conduct election was stayed. Finally the Chairman-cum-Member, Board of Revenue, disposed off the said appeal vide order dated 19.09.2023 with an observation that the letter dated 26.11.2019 written by the Deputy Inspector General of Registration (respondent no. 3) to the District Magistrate, Rohtas at Sasaram is a direction to conduct election in terms of Rule 18 (iii) of the Rules, 2018, which is an interim order and not a final order, hence not appealable under Rule 22 of the Rules, 2018. The said order dt. 19.09.2023 passed by the Board of Revenue, Bihar, Patna as also the aforesaid letter dated 26.11.2019 issued by the respondent no. 3 are under challenge in the present writ Patna High Court CWJC No.14697 of 2023 dt.07-04-2025 petition.