Patna High Court
Umesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed by directing the District Magistrate‑Cum‑Collector to refer the case to LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 2013.
Summary
Petitioner Umesh 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 the matter within the period prescribed by Section 60(4) of the same Act. The petitioner urged the court to consider the earlier coordinate‑bench order in Kumar Ohm v. State of Bihar, which had directed a similar referral. The State counsel raised no objection. The court noted the precedent and, following the Kumar Ohm order, directed the District Magistrate to refer the case to LARRA and disposed of the writ petition accordingly.
Issues considered
- Whether the District Magistrate‑Cum‑Collector should refer the petitioner's case to LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 2013.
- Whether the writ petition can be disposed of by applying the direction given in Kumar Ohm v. State of Bihar.
Legislation cited
Subjects
- Land acquisition
- LARRA
- Section 64
- Section 60
- Writ petition
- Direction to authority
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15160 of 2023
======================================================
Umesh Singh Son of Late Ramdev Yadav Resident of Village- Dundhua Tola,
Neyamatpur, P.S.- NTPC Khaira (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 State : Mr. Rishi Raj Sinha, SC-19
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 07-04-2026 Learned counsel for the petitioner undertakes that he
shall be removing the defect pointed out by the office.
2. Heard the parties.
3. 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 LARRA, Gaya be
directed to dispose the same within stipulated period
Patna High Court CWJC No.15160 of 2023(2) dt.07-04-2026
2/2
as per Section 60(4) of the RTFCLARR Act, 2013.”
4. 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.
5. Learned State counsel has no objection to it.
6. 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.”
7. In that background, the aforesaid writ petition is also
disposed of in the same term.
(Rajiv Roy, J)
vinayak/-
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