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Patna High Court

Bishwanath SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                     3/3




                    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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