Patna High Court
Fakirchand Mehta @ Fakira MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed by directing the District Magistrate‑Collector to consider the case under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA, Gaya, following the precedent in Kumar Ohm.
Summary
The petitioner, Fakirchand Mehta, 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 the LARRA dispose of it within the period prescribed by Section 60(4). The petitioner urged the Court to follow the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), where a similar direction was issued. The State counsel raised no objection to relying on that earlier order. The Court examined the earlier judgment, noted that it directed the District Magistrate to consider the case under Section 64 and refer it to LARRA, and accordingly disposed of the present petition on the same terms. The order therefore directs the District Magistrate to act in accordance with Section 64 of the Act and the petition is dismissed as disposed.
Issues considered
- Whether the petitioner is entitled to a direction under Section 64(1) of the RFCTLARR Act, 2013 to refer the land‑acquisition matter to LARRA, Gaya
- 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
- LARRA
- Section 64
- RFCTLARR Act
- Writ petition
- Direction to authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10758 of 2024
======================================================
Fakirchand Mehta @ Fakira Mahto Son of Mahadev Mehta Resident of
Village- Dhundhua, Khadha, Pirauta, P.S.- Nabinagar, District- Aurangabad
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reform, Govt. of Bihar, Patna.
2. The Director, Directorate of Land Acquisition, Govt. of Bihar, Patna.
3. The District Magistrate-cum- Collector, Aurangabad.
4. The District Land Acquisition Officer, Aurangabad.
5. The Chief Executive Officer, Bhartiya Rail Bijlee Company Ltd. (A Joint
Venture of Indian Railway and NTPC) its office located at the campus of
BRBCL Khaira, P.S.- NTPC, Khaira Circle Nabinagar, District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate
For the Respondent/s : Mr. Standing Counsel (21)
For the BRBCL : Mr. Amaresh Kumar Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Ms. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 30-04-2026 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
as per Section 60(4) of the RTFCLARR Act, 2013.”
Patna High Court CWJC No.10758 of 2024(3) dt.30-04-2026
2/2
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)
Adnan/-
U
Checking your session…