Patna High Court
Bishwanath SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, and the petitioner may approach the District Magistrate‑cum‑Collector, who shall consider the case under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA, Gaya.
Summary
The petitioner, Bishwanath Singh, 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 RFCTLARR Act, 2013 and that the authority 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 relief. The court examined the earlier order and held that the same direction must be given in the present case. Accordingly, the court disposed of the writ petition, directing the petitioner to approach the District Magistrate‑cum‑Collector, who shall consider the case under Section 64 of the RFCTLARR Act and refer it to LARRA, Gaya.
Issues considered
- Whether the District Magistrate‑cum‑Collector has the authority to consider the petition under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA, Gaya.
- Whether the petitioner is entitled to a direction for disposal of the matter within the period prescribed under Section 60(4) of the RFCTLARR Act, 2013.
Subjects
- Land acquisition
- RFCTLARR Act
- Section 64
- Section 60
- LARRA
- Writ petition
- District Magistrate
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16428 of 2023
======================================================
Bishwanath Singh Son of Late Hari Singh, Resident of Village- NTPC,
Khaira, P.S.- Khaira, District- Aurangabad (Bihar).
... ... 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. 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 LARA, Gaya under Section 64(1) of the
RTFCLARR Act, 2013 on the application being
filed by the petitioner on merit and the LARA,
Patna High Court CWJC No.16428 of 2023(2) dt.30-03-2026
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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 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 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
approach the District Magistrate-cum-Collector, Aurangabad
Patna High Court CWJC No.16428 of 2023(2) dt.30-03-2026
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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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