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‑Collector, Aurangabad, who shall consider the case under Section 64 and refer it to LARRA, Gaya as per the Kumar Ohm precedent.
Summary
The petitioner, Dipnarayan Mahto, filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer his 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 by Section 60(4). The petitioner relied on a prior decision 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 had no objection to the reliance on that precedent. Justice Rajiv Roy noted the earlier order and directed that the present petition be disposed in the same manner, allowing the petitioner to approach the District Magistrate‑Collector to take up the matter. Consequently, the writ petition was dismissed and the petitioner was instructed to follow the procedure set out in the Kumar Ohm judgment.
Issues considered
- Whether the District Magistrate‑Collector, Aurangabad, should be directed to refer the petitioner's land acquisition case to LARRA, Gaya under Section 64(1) of the RFCTLARR Act, 2013.
- Whether the petitioner is entitled to a time‑bound disposal of the matter by LARRA under Section 60(4) of the same Act.
Subjects
- Land acquisition
- RFCTLARR Act 2013
- LARRA
- Section 64
- Section 60
- Writ petition
- District Magistrate‑Collector
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16460 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.Sajid Salim Khan (SC-25)
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.16460 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 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.16460 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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