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Patna High Court

Ram Pukar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, following the precedent in Kumar Ohm, the District Magistrate must consider the case under Section 64 and refer it to LARRA, Gaya, thereby disposing of the writ petition.

Summary

Ram Pukar Singh filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer his land‑acquisition matter to the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA), Gaya under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and that LARRA dispose of it within the period prescribed by Section 60(4). The petitioner urged the court to consider the order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), which had directed a similar referral and disposal. The State counsel raised no objection to relying on that precedent. Justice Rajiv Roy noted the earlier coordinate‑bench direction and found no reason to depart from it. Accordingly, the court ordered that the present petition be disposed of in the same terms, directing the District Magistrate to consider the case under Section 64 and refer it to LARRA, Gaya.

Issues considered

  • Whether the District Magistrate‑Collector must refer the petitioner's land‑acquisition case to LARRA under Section 64(1) of the RTFCLARR Act, 2013.
  • Whether the petition should be disposed of within the period prescribed by Section 60(4) of the same Act.
  • Whether the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) is applicable to the present petition.

Legislation cited

Subjects

  • Land acquisition
  • Writ petition
  • Section 64
  • Section 60
  • LARRA
  • High Court
  • Precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.10046 of 2024
                 ======================================================
                 Ram Pukar Singh Son of Late Ramchalitar Singh, resident of Village-
                 Kurwan, P.S.- Narari Kala Khurd, District- Aurangabad, Bihar.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The Director, Directorate of Land Acquisition, Government of Bihar, Patna.
           3.    The District Magistrate-cum-Collector, Aurangabad.
           4.    The District Land Acquisition Officer, Aurangabad.
           5.    The Chief Executive Officer, Nabinagar, Power Generating Company
                 Limited, its office located at Main Gate Sasna, P.S.- Nanari Kala Khurd
                 Circle- Nabinagar, District- Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Anirudh Kumar Verma, Advocate
                 For the Respondent/s   :      Mr.Sarvesh Kumar Singh, AAG (13)
                 For respondent no.05   :      Mr. Amaresh Kr. Sinha, Advocate
                                               Mr. Vaibhav Narayan, Advocate
                                               Ms. Deeksha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   27-04-2026                 Heard Mr. Anirudh Kumar Verma, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for direction to the authority concerned

                                  particularly to Respondent No. 3 to refer the matter

                                  before LARRA, Gaya under Section 64(1) of the

                                  RTFCLARR Act, 2013 on the application being filed

                                  by the petitioner on merit and the LARA, Gaya be

                                  directed to dispose the same within stipulated period
         Patna High Court CWJC No.10046 of 2024(3) dt.27-04-2026
                                                    2/2




                                   as per Section 60(4) of the RTFCLARR Act, 2013.”

                               3. Learned counsel for the petitioner, at the outset,

                   submits that his case be also considered and disposed of in the

                   light of the order passed by the Coordinate Bench in Kumar Ohm

                   vs. The State of Bihar & Ors. (CWJC No. 2743 of 2023) dated

                   12.07.2023.

                               4. Learned State counsel has no objection to it.

                               5. The relevant portion of the aforesaid order passed in

                   Kumar Ohm (supra) read as follows:

                                               “Considering        the   circumstances,   the

                                   District Magistrate-cum-Collector, Aurangabad is

                                   directed to consider the case of petitioner under

                                   Section 64 of the RFCTLARRA, 2013 and shall pass

                                   order on merit and shall refer the matter for

                                   reference before LARRA, Gaya.

                                               With this observation and direction, the

                                   present Writ Petition stands disposed off.”

                               6. In that background, the aforesaid writ petition is also

                   disposed of in the same term.



                                                 (Rajiv Roy, J)
Ravi/-

U


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