Patna High Court
Achchaivar Chauhan @ Akshayabar ChoudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, directing the District Magistrate‑Collector to consider the case under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA, Gaya.
Summary
The petitioners, Achchaivar Chauhan and Devmuni Chauhan, filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer their case to the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA), Gaya under Section 64(1) of the RFCTLARR Act, 2013 and that the authority dispose of it within the period prescribed in Section 60(4). They urged the court to consider the petition in light of a prior order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) which had directed a similar course of action. The State had no objection to the reliance on the earlier order. Justice Rajiv Roy noted the earlier judgment and directed the District Magistrate‑Collector to consider the petition under Section 64 and refer it to LARRA, Gaya, thereby disposing of the present writ petition. The order effectively affirmed the applicability of the earlier precedent and concluded the matter.
Issues considered
- Whether the petitioners are entitled to a direction under Section 64(1) of the RFCTLARR Act, 2013 to refer their case to LARRA, Gaya.
- Whether the earlier order in Kumar Ohm v. State of Bihar is binding or persuasive for the present petition.
Subjects
- Section 64
- Land Acquisition
- LARRA
- RFCTLARR Act
- Writ Petition
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15141 of 2023
======================================================
1. Achchaivar Chauhan @ Akshayabar Choudhari Son of Bucha Chaudhary,
Resident of Village- Tanuvaj Tola, P.S.- Natwar Jila- Rohtas, District-
Rohtas.
2. Devmuni Chauhan @ Devmuni Chaudhary, Son of Bucha Chaudhary,
Resident of Village- Narayanpur, P.S.- Khaira, Kerka, 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, Adv.
For the Respondent/s : Mr. Md. Khurshid Alam (Aag12)
For resp. no. 5 : Mr. Amaresh Kumar Sinha, Adv.
Mr. Vaibhav Narayan, Adv.
Ms. Deeksha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-04-2026 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
Patna High Court CWJC No.15141 of 2023(2) dt.20-04-2026
2/3
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.”
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,
Patna High Court CWJC No.15141 of 2023(2) dt.20-04-2026
3/3
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)
Vijay Singh/-
U
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