Patna High Court

Hridya Narayan RaiversusUma Shankar Rai and Ors

Decided: 5 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: RAJIV ROY

Holding

The writ petition is dismissed for want of prosecution.

Summary

Hridya Narayan Rai filed a writ petition challenging a Sub‑Judge’s order that rejected his request to set aside a Lok Adalat award dated 23‑Nov‑2013, which he claimed was obtained by fraud. The petition sought to overturn the award in the civil writ jurisdiction of the Patna High Court. No counsel appeared on behalf of the petitioner, and the court noted the lack of prosecution. Consequently, the High Court dismissed the writ petition for want of prosecution. The order of the Sub‑Judge therefore stands, and the Lok Adalat award remains in force.

Issues considered

What is the appropriate procedure for a writ petition when the petitioner fails to appear or prosecute the case?
Can a Lok Adalat award be set aside on the ground of fraud through a writ petition?

Subjects

writ petition
Lok Adalat award
fraud
want of prosecution
civil writ jurisdiction
High Court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Civil Writ Jurisdiction Case No.22143 of 2014
                     ======================================================
                     Hridya Narayan Rai son of Late Ram Naresh Rai resident of Village - Torni,
                     P.S. - Simri Kargahar, District - Rohtas.
                                                                               ... ... Petitioner/s
                                                          Versus
                1.    Uma Shankar Rai and Ors
                2.   Sheo Shankar Rai
                3.   Mangala Rai
                4.   Prabhakar Rai
                5.   Pramhans Rai
                6.    Ramashankar Rai All sons of Late Laxman Rai All resident of Village -
                      Torni, Anchal Kargahar, P.O. - Torni - Lehra, P.S. - Simri Kargahar, District -
                      Rohtas.
                                                                                 ... ... Respondent/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s   :         None
                     For the Respondent/s   :         Mr.
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                           ORAL ORDER
5    05-02-2026                      No one appears on behalf of the petitioner.

                                   2. The present application has been preferred:

                                                             against the order dated 17.06.2014
                                                passed by Learned Sub-Judge-I, Rohtas in
                                                Sasaram at 345/2014 by which the prayer
                                                T.S.NO. of the petitioners for setting aside the
                                                award dated 23.11.2013 passed by Lok Adalat
                                                Sasaram in L.A. NO. Case No. 27/2013 obtained
                                                on the basis of fraud has been rejected.
                                   3. For want of prosecution, the writ petition is dismissed.



                                                      (Rajiv Roy, J)
Vijay Singh/-

U

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