Patna High Court
Bechan ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioners to approach the District Magistrate‑Collector, Aurangabad, who shall consider the case under Section 64 of the RFCTLARR Act and refer it to LARRA, Gaya as per the Kumar Ohm order.
Summary
The petitioners, three brothers from Aurangabad, filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer their land‑acquisition matter to the LARRA, Gaya under Section 64(1) of the RFCTLARR Act, 2013 and that the LARRA dispose of it within the period prescribed in Section 60(4). The petition relied on a prior order in Kumar Ohm v. State of Bihar (CWJC No.2743 of 2023) which had directed the District Magistrate to consider the case under Section 64 and refer it to LARRA. The Court examined the earlier precedent and found no objection to applying the same direction. Consequently, the Court disposed of the present writ, directing the petitioners to approach the District Magistrate‑Collector, who shall act in accordance with the Kumar Ohm order. The petition was therefore dismissed without further relief.
Issues considered
- Whether the petitioners may be directed to approach the District Magistrate‑Collector under Section 64 of the RFCTLARR Act, 2013 for referral to LARRA, Gaya.
- Whether the Court should follow the precedent set in Kumar Ohm v. State of Bihar in directing the same procedural steps.
Legislation cited
Subjects
- Land acquisition
- RFCTLARR Act
- Section 64
- LARRA
- Writ petition
- District Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15889 of 2023
======================================================
1. Bechan Chauhan Son of Late Ramadhar Chauhan Resident of Village-
Narayanpur, P.S.-Khaira, Kerka, District-Aurangabad (Bihar).
2. Kamlesh Chauhan Son of Late Ramadhar Chauhan Resident of Village-
Narayanpur, P.S.-Khaira, Kerka, District-Aurangabad (Bihar).
3. Devbrat Chauhan Son of Late Ramadhar Chauhan Resident of Village-
Narayanpur, P.S.-Khaira, Kerka, 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, Directirate of Kand 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. Sajid Salim Khan (Sc25)
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 LARA, Gaya under Section 64(1) of the
Patna High Court CWJC No.15889 of 2023(2) dt.30-03-2026
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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, 2013.”
3. Learned counsel for the petitioners, at the outset,
submit that their 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 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
Patna High Court CWJC No.15889 of 2023(2) dt.30-03-2026
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also disposed of in the same term allowing the petitioner(s) to
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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