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‑cum‑Collector to consider the case under Section 64 and refer it to LARRA, following the Kumar Ohm precedent.
Summary
The petitioner, Dipnarayan Mahto, filed a writ petition seeking a direction that the District Magistrate‑cum‑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 authority dispose of it within the period prescribed in Section 60(4). The petitioner relied on a prior decision in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) where the court directed the District Magistrate to consider a similar application under Section 64 and refer it to LARRA. The State counsel raised no objection to the reliance on that precedent. Justice Rajiv Roy noted the earlier order and held that the present petition should be disposed in the same manner, directing the petitioner to approach the District Magistrate‑cum‑Collector to have the matter considered and referred as ordered. Accordingly, the writ petition was disposed, with the petitioner directed to follow the procedure set out in the Kumar Ohm case.
Issues considered
- Whether the petitioner is entitled to a direction that the District Magistrate‑cum‑Collector refer the case to LARA, Gaya under Section 64(1) of the RFCTLARR Act, 2013.
- 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
- RFCTLARR Act
- Section 64
- LARRA
- Writ petition
- District Magistrate
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16868 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 Resp No. 5 : Mr. Amaresh Kumar Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Ms. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-03-2026 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
refer the matter before LARA, Gaya under Section
Patna High Court CWJC No.16868 of 2023(2) dt.30-03-2026
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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.”
7. In that background, the aforesaid writ petition is
Patna High Court CWJC No.16868 of 2023(2) dt.30-03-2026
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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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