Patna High Court
Raju PalversusThe 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 of the RFCTLARR Act and refer it to LARRA, Gaya as per the Kumar Ohm precedent.
Summary
The petitioner, Raju Pal, 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 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and that the authority dispose of it within the period prescribed in Section 60(4). The petition also urged the court to consider the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023). The State had no objection to the reliance on the earlier order. The High Court, after hearing counsel for both sides, adopted the reasoning of the Kumar Ohm case, directing the District Magistrate‑Collector to consider the petition under Section 64 and refer it to LARRA, Gaya. Consequently, the writ petition was disposed, with the petitioner instructed to approach the District Magistrate‑Collector for further proceedings.
Issues considered
- Whether the petitioner is entitled to a direction under Section 64(1) of the RFCTLARR Act to have his case referred to LARRA, Gaya.
- Whether the District Magistrate‑Collector can be directed to consider the petition on merit and refer it as per the precedent in Kumar Ohm v. State of Bihar.
Legislation cited
Subjects
- Land acquisition
- RFCTLARR Act
- Section 64
- LARRA
- Writ petition
- District Magistrate
- Rehabilitation and Resettlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16862 of 2023
======================================================
Raju Pal Son of Bishwanath Pal, Resident of Village-Khadha, 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, 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 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
Mr. Amaresh Kumar Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Ms. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 31-03-2026 Mr. Anirudh Kumar Verma, learned counsel for the
petitioner submits that the petitioner shall be removing the
defect(s) pointed out by the office.
2. Heard Mr. Anirudh Kumar Verma, learned counsel
for the petitioner and the State.
3. The present petition has been preferred for the
following relief(s):
“for direction to the authority
concerned particularly to Respondent No. 3 to
Patna High Court CWJC No.16862 of 2023(2) dt.31-03-2026
2/3
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, Gaya be directed to dispose the
same within stipulated period as per Section 60(4)
of the RTFCLARR, 2013.”
4. 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.
5. Learned State counsel has no objection to it.
6. 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.”
Patna High Court CWJC No.16862 of 2023(2) dt.31-03-2026
3/3
7. In that background, the aforesaid writ petition is
also disposed of in the same term allowing the petitioner 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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