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Patna High Court

Birendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed by directing the District Magistrate‑cum‑Collector to consider the case under Section 64 of the RFCTLARRA, 2013 and refer it to LARRA, Gaya, following the precedent of Kumar Ohm v. State of Bihar.

Summary

Petitioners Birendra Singh and Rajendra Singh filed a writ petition seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer their land‑acquisition matter to the 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 petitioners urged the Court to follow the earlier coordinate‑bench order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), which had directed the same relief. The State had no objection. The Court examined the precedent and, finding the facts analogous, directed the District Magistrate to consider the case under Section 64 and refer it to LARRA, Gaya, thereby disposing of the present writ petition.

Issues considered

  • Whether the District Magistrate‑cum‑Collector should be directed to refer the petition under Section 64 of the RFCTLARRA, 2013 to the LARRA, Gaya.
  • Whether the present writ petition can be disposed of by applying the reasoning of Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023).

Legislation cited

Subjects

  • land acquisition
  • RFCTLARRA
  • Section 64
  • LARRA
  • writ petition
  • district magistrate
  • precedent
  • disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14973 of 2024
                 ======================================================
           1.     Birendra Singh Son of Late Bramhalok Singh Resident of Village Kerka,
                  P.S. Khaira, NTPC, Nabinagar, District- Aurangabad (Bihar).
           2.    Rajendra Singh, Son of Late Bramhalok Singh, Resident of Village Kerka,
                 P.S. Khaira, NTPC, 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 India 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. Vyas Kumar Mishra, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel (15)
                 For the Resp. No. 5    :      Mr. Amaresh Kumar Sinha, Advocate
                                               Mr. Vaibhav Narayan, Advocate
                                               Ms. Deeksha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-04-2026                 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.14973 of 2024(2) dt.28-04-2026
                                                     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


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