Patna High Court Dismisses FIR Plea Against Builder, Says RERA Must First Probe Forgery Allegations

The Patna High Court on 2 November dismissed a writ petition seeking a direction to Bihar Real Estate Regulatory Authority (RERA) to register an FIR against Jaidev Green Homes Pvt. Ltd. and its former director for allegedly filing forged documents and false affidavits before the authority.

Justice Sourendra Pandey held that allegations of fraud and forgery committed before the RERA must first be inquired into by the authority concerned before criminal proceedings can be initiated, observing that “...the present writ application is completely misconceived...”

Anil Singh, the petitioner alleged that Jaidev Green Homes Pvt. Ltd. and its former director had committed fraud before RERA by filing fabricated documents and false affidavits.

He contended that RERA had passed an order dated 10 October 2025 on the basis of these documents, adversely affecting him. Despite sending several representations seeking registration of an FIR, no action was taken, prompting him to approach the High Court.

During the hearing, the petitioner's counsel admitted that he had neither independently approached the authorities seeking registration of an FIR nor moved the RERA Bench for an inquiry into the alleged fraud. Instead, he had challenged the order dated 10 October 2025 before the Appellate Tribunal.

The Court held that the authority before which the alleged fraud was committed and whose order was allegedly obtained through fabricated documents was the competent forum to inquire into the allegations.

It clarified that although the Appellate Tribunal could direct an inquiry and further action, the inquiry had to be conducted by the RERA Bench before which the alleged fraud had taken place.

Further, the Bench held that criminal proceedings could be initiated only after the concerned authority examined the allegations and was satisfied that fraud had been committed and forged documents had been filed. Seeking registration of an FIR solely on the basis of one's allegations, without first approaching the concerned RERA Bench for an inquiry, was impermissible in law.

It also observed that Bihar RERA's response, communicated through a letter dated 8 January 2026, advising the petitioner to take appropriate action at his own level, was consistent with the settled legal position. It noted that the petitioner was competent to initiate proceedings independently, particularly since the RERA order had adversely affected him.

Accordingly, the High Court dismissed the writ petition.