Patna High Court
Bhola MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is allowed, directing the petitioner to approach the appropriate authority/competent court for redress of his grievance.
Summary
Bhola Mahto filed a writ petition in the Patna High Court seeking a direction that the District Magistrate‑Collector refer his grievance to the Land Acquisition Rehabilitation Authority (LARA), Gaya under section 64(1) of the RTFCLARR Act, 2013 and that LARA dispose of it within the period prescribed under section 60(4). The petitioner’s counsel argued that the appropriate authority should be approached for redress, and the State’s counsel raised no objection. The Court, after hearing, allowed the petition, directing the petitioner to approach the competent authority or court for relief. It further noted that if a fresh petition is filed within eight weeks, it will be dealt with expeditiously. The order essentially disposes of the writ petition by permitting the petitioner to seek redress from the appropriate authority.
Issues considered
- Whether the High Court can direct the District Magistrate‑Collector to refer the petitioner's grievance to LARA under section 64(1) of the RTFCLARR Act, 2013
- Whether the petitioner should be allowed to approach the appropriate authority for redress of his grievance
Subjects
- writ jurisdiction
- land acquisition
- RTFCLARR Act
- section 64(1)
- section 60(4)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17547 of 2023
======================================================
Bhola Mahto Son of Ramlakhan Mahto, Resident of Village- Kushwaha
Nagar, Dhundhua, Khudha, 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.Vyas Kumar Mishra, Advocate
For the Respondent/s : Mr.Birendra Prasad Singh, AC to SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 24-03-2026 Heard Mr. Vyas Kumar Mishra, learned counsel for
the petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for direction to the authority 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
Patna High Court CWJC No.17547 of 2023(2) dt.24-03-2026
2/2
per Section 60(4) of the RTFCLARR Act,
2013.
3. Learned counsel for the petitioner submits that he
shall be approaching the appropriate authority for the redressal
of the grievance.
4. Learned State counsel has no objection to it.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the appropriate
authority/competent Court for the redressal of the grievance.
6. Needless to add, if such petition is preferred in next
eight weeks, the same shall be taken to its logical conclusion at
an earliest.
(Rajiv Roy, J)
Ravi/-
U
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