Patna High Court
Ram Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directs the District Magistrate‑Collector, Aurangabad to consider the petition under Section 64 of the RTFCLARR Act, 2013 and refer it to LARRA, Gaya, thereby disposing of the writ petition.
Summary
Ram Prasad Singh filed a writ petition in the Patna High Court seeking a direction that the District Magistrate‑Collector of Aurangabad refer his case to the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA), Gaya under Section 64(1) of the RTFCLARR Act, 2013 and that the authority 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 had directed a similar referral. The State counsel raised no objection to applying that precedent. Justice Rajiv Roy noted the earlier order and directed the District Magistrate‑Collector to consider the petition under Section 64 and refer it to LARRA, Gaya. Accordingly, the writ petition was disposed of in the same terms as the Kumar Ohm case.
Issues considered
- Whether the District Magistrate‑Collector, Aurangabad, is required to refer the petitioner's case to LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 2013.
- Whether the earlier order in Kumar Ohm v. State of Bihar is binding precedent for the present petition.
Subjects
- writ jurisdiction
- land acquisition
- LARRA
- Section 64
- Section 60
- precedent
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16881 of 2023
======================================================
Ram Prasad Singh Son of Late Ram Narayan Singh, Resident of Village-
Surar, P.S.- NTPC Khaira, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, 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 Acquisiiton 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
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 28-04-2026 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 LARRA, 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
Patna High Court CWJC No.16881 of 2023(3) dt.28-04-2026
2/2
as per Section 60(4) of the RTFCLARR Act, 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.
(Rajiv Roy, J)
Adnan/-
U
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