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Patna High Court

Uday PalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, directing the petitioner to approach the District Magistrate‑Collector to consider the case under Section 64 and refer it to LARA, following the Kumar Ohm precedent.

Summary

The petitioner, Uday Pal, filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer his land acquisition matter to the LARA, Gaya under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and that the LARA dispose of it within the period prescribed in Section 60(4). The petitioner urged the court to consider the earlier decision in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) which directed the District Magistrate to act on the petition under the same statutory provision. The State had no objection to relying on that precedent. The court examined the earlier order and found it applicable, directing the petitioner to approach the District Magistrate‑Collector, who shall consider the case under Section 64 and refer it to LARA as ordered in Kumar Ohm. Accordingly, the writ petition was disposed, with the petitioner permitted to proceed before the District Magistrate in accordance with the earlier judgment.

Issues considered

  • Whether the petitioner is entitled to a direction under Section 64(1) of the RFCTLARR Act to have his case referred to LARA, Gaya.
  • Whether the precedent set in Kumar Ohm v. State of Bihar is binding on the present petition.

Legislation cited

Subjects

  • Land acquisition
  • Section 64
  • LARA
  • Right to Fair Compensation
  • Rehabilitation and Resettlement
  • District Magistrate
  • Precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16865 of 2023
                 ======================================================
                 Uday Pal Son of Sita Ram 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 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 )
                                               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.16865 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.16865 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(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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