Patna High Court
Virendra RoyversusThe Union of India
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
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
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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
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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
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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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