Patna High Court
Mosafir PalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court ordered that the petition be disposed by directing the District Magistrate‑Collector to refer the matter to LARRA, Gaya under Section 64(1) of the RFCTLARRA, 2013, following the precedent set in Kumar Ohm v. State of Bihar.
Summary
Mosafir Pal filed a writ petition seeking a direction that the District Magistrate‑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 authority dispose of it within the period prescribed in Section 60(4). The petitioner urged the court to follow a prior coordinate‑bench order in Kumar Ohm v. State of Bihar (CWJC No.2743 of 2023) which had directed a similar referral. The State had no objection to relying on that precedent. Justice Rajiv Roy noted the earlier order and directed the District Magistrate‑Collector to consider the petition under Section 64 and refer it to LARRA, Gaya. Accordingly, the writ petition was disposed of in the same terms as the earlier case.
Issues considered
- Whether the petitioner is entitled to a direction under Section 64(1) of the RFCTLARRA, 2013 to refer his case to LARRA, Gaya.
- Whether the earlier coordinate‑bench order in Kumar Ohm v. State of Bihar is applicable to the present petition.
Legislation cited
Subjects
- Land acquisition
- RFCTLARRA
- Section 64
- LARRA
- Writ petition
- Civil writ jurisdiction
- Direction to refer
- Disposition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15770 of 2023
======================================================
Mosafir Pal Son of Late Chandar Pal Resident of Village-Khadha, P.S.-
Khaira, District-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secreary, 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 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
Patna High Court CWJC No.15770 of 2023(2) dt.20-04-2026
2/2
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, 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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