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Patna High Court

Ram Janam RamversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for non‑prosecution.

Summary

Ram Janam Ram filed a writ petition in the Patna High Court seeking to quash an order and award dated 04-10-2007 passed by the Presiding Officer of the Permanent Lok Adalat in Partition Suit No. 147 of 2006, alleging that the award was obtained through fraud, misrepresentation and a forged signature on a joint compromise petition. The petitioner claimed he had no knowledge of the compromise and that the respondents had acted behind his back. The State of Bihar appeared before the Court, but no counsel appeared on behalf of the petitioner despite multiple notices. The Court noted that the petitioner had failed to prosecute the petition and warned that an order would be passed if there was no appearance on the next date. Consequently, the Court dismissed the writ petition for non‑prosecution. The dismissal left the order and award of the Permanent Lok Adalat undisturbed.

Issues considered

  • What is the appropriate remedy for a party alleging fraud and forgery in a Permanent Lok Adalat award?
  • Does the failure of the petitioner to appear and prosecute the writ petition justify dismissal?
  • Can a writ petition be entertained when the petitioner does not comply with procedural requirements?

Subjects

  • writ petition
  • Permanent Lok Adalat
  • partition suit
  • fraud
  • forged signature
  • non‑prosecution
  • dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20295 of 2018
                 ======================================================
                 Ram Janam Ram Son of late Sukhu Ram Resident of Village- Masoi Khurd,
                 Police Station- Chainpur, District- KaimurBhabua.
                                                                           ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.    Om Prakash Ram Son of late Dashrath Ram
           3.    Gyan Prakash Ram Son of late Dashrath Ram
           4.    Mahesh Ram Son of late Dashrath Ram
           5.    Tetri Devi Wife of late Dashrath Ram
           6.    Ram Lagan Ram Son of late Sukhu Ram
           7.    Bigan Ram Son of late Mahangu Ram
           8.    Dharmendra Ram Son of late Bhulai Ram
           9.    Balchand Ram Son of late Khedaru Ram
           10. Lal Chand Son of late Khedaru Ram
           11. Ram Bachan Ram Son of late Khedaru Ram
           12. Bhikhari Ram Son of late Bhukhan Ram
           13. Gorakh Ram son of late Bhukhan Ram
           14. Dhyanendra Ram@ Murali Ram Son of late Bhukhan Ram
           15. Nagina Ram Son of late Bhukhan Ram
           16. Ram Keshi Ram Son of late Sukhari Ram Respondent No. 2 to 16 are
                Resident of Village- Masoi Khurd, Police Station- Chainpur, District-
                Kaimur Bhabua.
                                                                  ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the State          :      Smt. Kumari Amrita, GP-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   03-02-2026                     No one appears on behalf of the petitioner though

                   State is present.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                “(i) for Quashing the order dated
Patna High Court CWJC No.20295 of 2018(3) dt.03-02-2026
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                             04.10.2007 as also the Award dated 04.10.2007,

                             passed by the Presiding Officer of Permanent

                             Lok Adalat, Kaimur (Bhabua), passed in

                             Partition Suit No. 147 of 2006, as the same was

                             obtained by fraud by impleading this Petitioner

                             as Defendant No. 1 and on the basis of his

                             forged signature upon the joint compromise

                             petition filed on 26.09.2007 in the above

                             Partition Suit No. 147 of 2006 for which the

                             Petitioner had no knowledge at all and behind

                             his back the Respondents succeeded in obtaining

                             the Award in question by misrepresentation and

                             playing fraud upon the court.

                                         (ii) for a direction to hold and to

                             declare the order dated 04.10.2007 and award

                             dated 04.10.2007 passed in Partition Suit No.

                             147 of 2006 passed by the Presiding Officer to

                             Permanent Lok Adalat Kaimur at Bhabhua as

                             null and void and not binding upon the petitioner

                             as it was obtained by the respondents by playing

                             fraud/misrepresentation.

                                         (iii)    for     Stay   of   Order   dated
            Patna High Court CWJC No.20295 of 2018(3) dt.03-02-2026
                                                       3/3




                                         04.10.2007 and Award dated 04.10.2007, Passed

                                         in Partition Suit No. 147 of 2006, Passed by the

                                         Presiding Officer at Permanent Lok Adalat,

                                         Kaimur (Bhabua), during the pendency of the

                                         present application.

                                                     (iv) for any other relief/reliefs for

                                         which the Petitioner is found entitled in the facts

                                         and circumstances of the case.”

                                  3. On 09.12.2025, there was also no appearance on

                      behalf of the petitioner and the Court recorded that if there is no

                      appearance on the next date of hearing, an appropriate order

                      shall be passed.

                                  4. In that background, the writ petition is dismissed

                      for non-prosecution.



                                                    (Rajiv Roy, J)
vinayak/-

U


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