Patna High Court
Ram Janam RamversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
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
2/3
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
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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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