Patna High Court
Bifani DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed of, directing the District Magistrate‑cum‑Collector to refer the case to LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 2013, in line with the Kumar Ohm precedent.
Summary
Bifani Devi, widow of the late Mahadeo Yadav, filed a writ petition seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer her case 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 under Section 60(4). The petitioner urged the court to follow the coordinate bench order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023). The State counsel raised no objection. The court noted the earlier order directing the same referral and, in line with that precedent, disposed of the present petition on the same terms, directing the district magistrate to refer the matter to LARRA and confirming the petition’s disposal.
Issues considered
- Whether the District Magistrate‑cum‑Collector should be directed to refer the petitioner's case to LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 2013.
- Whether the petition should be disposed of in accordance with the coordinate bench order in Kumar Ohm v. State of Bihar.
Legislation cited
Subjects
- Land acquisition
- RTFCLARR Act
- Section 64
- LARRA
- Writ petition
- Precedent
- Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17558 of 2023
======================================================
Bifani Devi Wife of Late Mahadeo Yadav, Resident of Village- Neyamatpur
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 State : 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 07-04-2026 Learned counsel for the petitioner undertakes that
he shall be removing the defect pointed out by the office.
2. Heard the parties.
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 LARRA, Gaya under
Section 64(1) of the RTFCLARR Act, 2013 on the
application being filed by the petitioner on merit
and the LARRA, Gaya be directed to dispose the
same within stipulated period as per Section
Patna High Court CWJC No.17558 of 2023(2) dt.07-04-2026
2/2
60(4) of the RTFCLARR Act, 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
also disposed of in the same term.
(Rajiv Roy, J)
vinayak/-
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