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Patna High Court

Bindu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The District Magistrate‑cum‑Collector must consider the case under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA, Gaya, and the writ petition stands disposed accordingly.

Summary

The petitioner, Bindu Singh, filed a writ petition seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer his case 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 in Section 60(4) of the same Act. The petitioner urged the Court to consider the order of a coordinate bench in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), which had directed the District Magistrate to refer a similar matter to LARRA. The State had no objection to reliance on that precedent. The Court examined the earlier coordinate‑bench order and found it applicable, directing the District Magistrate to consider the petition under Section 64 and refer it to LARRA, Gaya, thereby disposing of the present writ petition in the same terms. The petition was thus disposed in favour of the petitioner’s relief.

Issues considered

  • Whether the District Magistrate‑cum‑Collector, Aurangabad, is mandated to refer the petition to LARRA, Gaya under Section 64(1) of the RFCTLARR Act, 2013.
  • Whether the present writ petition can be disposed by following the coordinate‑bench order in Kumar Ohm v. State of Bihar.

Legislation cited

Subjects

  • Land acquisition
  • RFCTLARR Act
  • LARRA
  • Section 64
  • Section 60
  • Writ jurisdiction
  • District Magistrate
  • Precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.13911 of 2024
                 ======================================================
                 Bindu Singh Son of Late Banshi Singh Resident of Village- Kurwan, P.S.-
                 Nanari Kala Khurd, 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, 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   :      MrMadhav Prasad Yadav, GP- 23
                 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.13911 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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