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Patna High Court

Virendra RoyversusThe Union of India

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution, with the petitioners directed to approach the LARRA, Purnea, for relief.

Summary

Virendra Roy and Jhamman Roy filed a writ petition seeking directions for the Union of India and various state officials to investigate the award given to their brother Surendra Roy for land acquired for the Indo‑Nepal Road, to distribute the award among all heirs of the deceased Prameshwari Devi, and to initiate criminal proceedings against Surendra Roy for alleged fraud. The petition also requested the court to order inquiries by specific officials and to show cause why Surendra Roy should not face criminal action. The respondents argued that the matter is already pending before the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA), Purnea, under Land Acquisition Reference Case No. 06 of 2018‑19, and that the petitioners should approach that authority. Since no petitioner appeared and the issue is sub‑judice before LARRA, the court dismissed the petition for non‑prosecution, granting the petitioners liberty to approach LARRA if they wish.

Issues considered

  • Whether the High Court can entertain and grant the reliefs sought in the writ petition when the dispute is already pending before the Land Acquisition, Rehabilitation and Resettlement Authority.
  • Whether the petition can proceed in the absence of any petitioner’s appearance (non‑prosecution).
  • Whether the petitioners should be directed to approach the appropriate authority (LARRA) instead of the court.

Subjects

  • land acquisition
  • award distribution
  • writ petition
  • non‑prosecution
  • jurisdiction
  • LARRA
  • Indo‑Nepal Road
  • criminal proceeding
  • heirs

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.5897 of 2024
     ======================================================
1.    Virendra Roy S/o Late Shiv Balak Roy, resident of village - Jhalla P.S.-
      Kurlikort, Dist. - Kishanganj.
2.   Jhamman Roy, S/o Late Shiv Balak Roy, resident of village - Jhalla P.S.-
     Kurlikort, Dist. - Kishanganj.



                                                                 ... ... Petitioner/s
                                        Versus
1.   The Union of India
2.   The Secretary, Ministry of Rural Development, Govt of India.
3.   The State of Bihar through the Chief Secretary, Bihar, Patna.
4.   The Principal Secretary, Road Construction Development Deptt, Patna.
5.   The Additional Secretary, Land Reform and Revenue Deptt Bihar, Patna.
6.   The Collector, Kishanganj.
7.   The Land Acquisation, Rehabilitation and Resettlement Authority, Purnia.
8.   The District Land Acquisition Officer, Kishanganj.
9.   The Executive Engineer, Road Construction Department, Road Division,
     Kishanganj.
10. The Kanoongo Land Acquisition Department, Kishanganj.
11. The Amin, Land Acquisition Department, Kishanganj.
12. Surendra Roy, S/o Late Shiv Balak Roy, Resident of Village - Jhalla P.S. -
    Kurlikort, Dist. - Kishanganj.
13. Sachin Kumar, S/o Late Yugal Kishore Roy, Resident of Village - Jhalla P.S.
    - Kurlikort, Dist. - Kishanganj.
14. Kailash Kumar @ Kali, S/o Late Yugal Kishore Roy, Resident of Village -
    Jhalla P.S. - Kurlikort, Dist. - Kishanganj.
15. Kaushal Kumar, S/o Late Yugal Kishore Roy, Resident of Village - Jhalla
    P.S. - Kurlikort, Dist. - Kishanganj.



                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      None
     For the State          :      Mr. Sarvesh Kumar Singh, AAG-13
     For the UOI            :      Mr. Anjani Prasad Singh, CGC
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                           ORAL ORDER
         Patna High Court CWJC No.5897 of 2024(2) dt.27-04-2026
                                                     2/4




2   27-04-2026                    No one appears on behalf of the petitioner though

                   learned counsels for the Union of India as also State are present.

                               2. The present petition has been preferred for the

                   grant of following relief(s):

                                           “(i) to direct the respondent no.2, the

                                      Secretary Ministry of Rural Development, Govt.

                                      of India to enquire the matter of award given to

                                      the respondent no.12 Sri Surendra Roy only

                                      against the land acquired by the Union of India

                                      for constructing the Indo-Nepal Road where as

                                      the land and house was in joint possession of all

                                      the heirs of late Prameshwari Devi w/o late Shiv

                                      Balak Roy.

                                                  (ii) to direct the respondent no.5, the

                                      Additional Secretary Land Reform and Revenue

                                      Department, Bihar, Patna to enquire the role of

                                      the respondent no.8, the Dist Land Acquisition

                                      Department, Kishanganj.

                                                  (iii) to direct the respondent no.8, the

                                      District      Land          Acquisition   Department,

                                      Kishanganj to distribute the amount of award

                                      among the heirs of late Prameshwari Devi
Patna High Court CWJC No.5897 of 2024(2) dt.27-04-2026
                                            3/4




                             equally.

                                         (iv) to show cause the respondent

                             no.12, Surendra Roy as to why not the criminal

                             proceeding initiated against the commission of

                             fraudulently obtained the amount of award of all

                             his brother.

                                         (v) to grant any other relief or reliefs

                             as to which the petitioners are entitled in the

                             facts and circumstances of the case.”

                      3. Learned counsel representing the respondent nos.

          6, 8 and 9 has taken this Court to paragraph nos. 10 to 14 of the

          counter affidavit which shows that Land Acquisition Reference

          Case No. 06 of 2018-19 has already been started by the Land

          Acquisition, Rehabilitation and Resettlement Authority, Purnea,

          (henceforth for short ‘the LARRA’).

                      4. In that background, when the matter is already

          pending before the aforesaid concerned authority, it would be

          appropriate that the petitioners agitate the matter before the

          aforesaid concerned authority.

                      5. The contention of the respondents is that should

          approach ‘the LARRA’, Purnea.

                      6. However, since, there is no appearance, the writ
            Patna High Court CWJC No.5897 of 2024(2) dt.27-04-2026
                                                        4/4




                      petition is dismissed for non-prosecution giving liberty to the

                      petitioner to approach the appropriate authority/‘the LARRA’,

                      Purnea, if they so want.



                                                    (Rajiv Roy, J)
vinayak/-

U


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