Patna High Court
Dipnarayan MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioner to approach the District Magistrate‑cum‑Collector who shall consider the case under Section 64 and refer it to LARRA, Gaya as per the Kumar Ohm order.
Summary
Dipnarayan Mahto, a legal heir, filed a writ petition seeking a direction that the District Magistrate‑cum‑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 LARRA dispose of it within the period prescribed in Section 60(4). The petitioner relied on a prior judgment in Kumar Ohm v. State of Bihar (CWJC No.2743 of 2023) which had directed the same authority to consider the case under Section 64 and refer it to LARRA. The State counsel raised no objection to applying the earlier order. The Court examined the applicability of the earlier precedent and the statutory provisions. It held that the petitioner could approach the District Magistrate‑cum‑Collector, who must act in accordance with the Kumar Ohm order. Consequently, the writ petition was disposed, directing the petitioner to seek relief from the District Magistrate‑cum‑Collector as per the earlier judgment.
Issues considered
- Whether the petitioner is entitled to a direction under Section 64(1) of the RFCTLARR Act, 2013 to have the District Magistrate‑cum‑Collector refer the matter to LARRA, Gaya.
- Whether the earlier judgment in Kumar Ohm v. State of Bihar is applicable and binding on the present petition.
Legislation cited
Subjects
- Land acquisition
- RFCTLARR Act
- Section 64
- Section 60
- LARRA
- Writ petition
- District Magistrate‑cum‑Collector
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15772 of 2023
======================================================
Dipnarayan Mahto Son of Late Govardhan Mahto, Resident of Village-
Dhundhua, P.S.- NTPC, 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 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. Raj Kishore Roy (Gp-18)
For the BRBCL : Mr. Amaresh Kumar Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Ms. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 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 LARA, Gaya under Section 64(1) of the
RTFCLARR Act, 2013 on the application being
Patna High Court CWJC No.15772 of 2023(4) dt.30-03-2026
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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, 2013.”
3. Learned counsel for the petitioner, at the outset,
submits that the case of the petitioner/legal heirs 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 in 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 allowing the petitioner(s) to
Patna High Court CWJC No.15772 of 2023(4) dt.30-03-2026
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approach the District Magistrate-cum-Collector, Aurangabad
who shall be taking up the matter and act as per the order passed
in Kumar Ohm (supra) case.
(Rajiv Roy, J)
Adnan/-
U
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