Created by Fuzzy Cloud

Patna High Court

Umesh SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.