Patna High Court
Bindeshwar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The District Magistrate‑cum‑Collector, Aurangabad, shall consider the petition under Section 64 of the RFCTLARR Act, 2013 and refer the matter to LARRA, Gaya.
Summary
The petitioner, Bindeshwar Ram, filed a writ petition seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer his case to the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA), Gaya under Section 64(1) of the RFCTLARR Act, 2013 and that the authority dispose of it within the period prescribed in Section 60(4). The petitioner urged the court to follow the earlier decision in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023). The court noted that the earlier order directed the same district magistrate to consider the case under Section 64 and refer it to LARRA, Gaya. Relying on that precedent, the court ordered that the present petition be disposed of in the same manner. Consequently, the district magistrate was directed to act under the RFCTLARR Act and refer the matter to LARRA, Gaya, and the writ petition was disposed.
Issues considered
- Whether the District Magistrate‑cum‑Collector, Aurangabad, must refer the petitioner's case to LARRA, Gaya under Section 64(1) of the RFCTLARR Act, 2013.
- Whether the earlier decision in Kumar Ohm v. State of Bihar is binding on the present petition.
Subjects
- Land Acquisition
- RFCTLARR Act
- Section 64
- Section 60
- LARRA
- Writ Petition
- District Magistrate
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17070 of 2024
======================================================
Bindeshwar Ram son of Late Ramchandra Ram Resident of Village-
Mangabar, Post- Pirauta, P.S.- NTPC Khaira, 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. Anirudh Kumar Verma, Adv.
Mr. Vyas Kumar Mishra, Adv.
For the Respondent/s : Mr. Standing Counsel 9
For resp. no. 5 : Mr. Amaresh Kumar Sinha, Adv.
Mr. Vaibhav Narayan, Adv.
Ms. Deeksha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-04-2026 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 as per
Patna High Court CWJC No.17070 of 2024(3) dt.20-04-2026
2/2
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)
Vijay Singh/-
U
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