Patna High Court
Ramagati PalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the District Magistrate‑Collector to consider the case under Section 64 of the RFCTLARR Act and refer it to LARRA, Gaya, in line with the Kumar Ohm precedent.
Summary
The petitioner, Ramagati Pal, filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer his land‑acquisition matter 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 authority dispose of it within the period prescribed by Section 60(4). The petitioner urged the Court to follow the reasoning in the earlier coordinate‑bench decision in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023). The State had no objection. The Court noted the earlier order directing the District Magistrate to consider the case under Section 64 and refer it to LARRA, and accordingly disposed of the present petition on the same terms, directing the District Magistrate to act accordingly.
Issues considered
- Whether the petitioner’s application must be referred to LARRA, Gaya under Section 64(1) of the RFCTLARR Act, 2013.
- Whether the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) is applicable to the present petition.
Legislation cited
Subjects
- land acquisition
- RFCTLARR Act
- Section 64
- LARRA
- writ petition
- district magistrate
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15284 of 2023
======================================================
Ramagati Pal Son of Suryadeo Pal @ Suraj Pal, Resident of Village-Khadha,
P.S. N.T.P.C. Khaira, District-Aurangabad.
... ... 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 Indian Railway and NTPC) its office located at the campus of
BRBCLA, 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. Md. Khurshid Alam, AAG-12
For the BRBCL : Mr. Amaresh Kumar Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Ms. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-03-2026 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.15284 of 2023(2) dt.30-03-2026
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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