Created by Fuzzy Cloud

Patna High Court

Upendra YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, directing the District Magistrate‑cum‑Collector to consider the petitioners’ case under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA, Gaya, following the Kumar Ohm precedent.

Summary

The petitioners, Upendra Yadav and Sikandra Yadav, filed a writ petition seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer their land‑acquisition matter to the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA), Gaya under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and that LARRA dispose of it within the period prescribed in Section 60(4). They relied on the earlier decision in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) which had directed a similar course of action. The State had no objection to the reliance on that precedent. The Court examined whether the statutory provisions and the earlier judgment compelled the District Magistrate to act in the petitioners’ favour. Finding no impediment, the Court disposed of the writ petition, directing the District Magistrate to consider the case under Section 64 and refer it to LARRA, Gaya, in accordance with the Kumar Ohm order. The order thus allows the petitioners to pursue their claim before the authority within the statutory timeline.

Issues considered

  • Whether the petitioners are entitled to a direction under Section 64(1) of the RFCTLARR Act, 2013 to have their case referred to LARRA, Gaya
  • Whether the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) is applicable to the present petition

Legislation cited

Subjects

  • Land acquisition
  • Section 64
  • LARRA
  • RFCTLARR Act 2013
  • Writ petition
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.16867 of 2023
                 ======================================================
           1.     Upendra Yadav Son of Late Mahadev Yadav Resident of Village-Khadha,
                  Neyamatpur, P.S.-PIrauta, District-Aurangabad (Bihar).
           2.    Sikandra Yadav Son of Late Mahadev Yadav Resident of Village-Khadha,
                 Neyamatpur, P.S.-PIrauta, 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
                 For the Respondent/s   :      Mr. Rishi Raj Sinha ( Sc 19 )
                                               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

                   petitioners submit that the petitioner shall be removing the

                   defect(s) pointed out by the office.

                               2. Heard Mr. Anirudh Kumar Verma, learned counsel

                   for the petitioners and the State.

                               3. The present petition has been preferred for the

                   following relief(s):

                                             “for     direction       to   the     authority
Patna High Court CWJC No.16867 of 2023(2) dt.31-03-2026
                                           2/3




                          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, Gaya be directed to dispose the

                          same within stipulated period as per Section 60(4)

                          of the RTFCLARR, 2013.”

                      4. Learned counsel for the petitioners, at the outset,

          submit that their 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
          Patna High Court CWJC No.16867 of 2023(2) dt.31-03-2026
                                                     3/3




                                    present Writ Petition stands disposed off.”

                                7. In that background, the aforesaid writ petition is

                    also disposed of in the same term allowing the petitioners 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.