Patna High Court
Uday MehtaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed by directing the District Magistrate‑cum‑Collector to consider the case under Section 64 of the RTFCLARR Act and refer it to the LARRA, Gaya, in accordance with the precedent set in Kumar Ohm v. State of Bihar.
Summary
Petitioners Uday Mehta and Ramesh Mehta filed a writ petition seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer their 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 in Section 60(4). The petitioners urged the Court to follow the reasoning in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), where a similar direction was given. The State had no objection to relying on that precedent. 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 same procedural steps. The order thus affirms the applicability of the earlier judgment and the statutory provisions for land‑acquisition disputes.
Issues considered
- Whether the petitioners are entitled to a direction under Section 64(1) of the RTFCLARR Act, 2013 to have their case referred to LARRA, Gaya.
- 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
- Section 64
- LARRA
- Civil writ jurisdiction
- Right to Fair Compensation Act
- Procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15285 of 2023
======================================================
1. Uday Mehta Son of Late Sawarth Mehta, Resident of Village-Kushwaha
Nagar, Dhundhua, P.S.-Khadiha, Kerka, District-Aurangabad (Bihar).
2. Ramesh Mehta, son of Late Svarath Mehta, Resident of Village-Kushwaha
Nagar, Khadiha, P.S.-NTPC Khaira, District-Aurangabad (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reform, Bihar, Patna.
2. The Director, Directroate 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 CompanyLtd. (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. Md. Khurshid Alam, AAG-12
For the BRBCL : Mr. Amaresh Kumar Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Mr. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-03-2026 Heard Mr. Anirudh Kumar Verma, learned counsel for
the petitioners 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 LARA, 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
Patna High Court CWJC No.15285 of 2023(2) dt.30-03-2026
2/2
as per Section 60(4) of the RTFCLARR, 2013.”
3. Learned counsel for the petitioners, at the outset,
submit 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 present writ petition is also
disposed of in the same term.
(Rajiv Roy, J)
Adnan/-
U
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