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Patna High Court

Upendra YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, following the precedent in Kumar Ohm, directing the District Magistrate to consider the case under Section 64 and refer it to LARRA, Gaya.

Summary

Petitioners Upendra Yadav and Sikandra Yadav filed a writ petition in the Patna High Court seeking a direction that the District Magistrate‑Collector of Aurangabad refer their land‑acquisition matter 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 in Section 60(4). The petitioners relied on a prior judgment in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) which had directed the District Magistrate to consider a similar case under Section 64 and refer it to LARRA, Gaya, after which the petition was disposed. The State counsel raised no objection to the reliance on the earlier order. Justice Rajiv Roy noted that the circumstances were analogous to those in Kumar Ohm and therefore the present petition should be disposed in the same manner. Consequently, the court ordered the petition dismissed, directing the respondents to act in accordance with the earlier precedent.

Issues considered

  • Whether the petitioners are entitled to a direction under Section 64(1) of the RFCTLARR Act, 2013 to refer their case to LARRA, Gaya.
  • Whether the earlier decision in Kumar Ohm v. State of Bihar is binding precedent for the present petition.

Legislation cited

Subjects

  • Land acquisition
  • Section 64
  • LARRA
  • Writ petition
  • Disposition
  • Precedent
  • RFCTLARR Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.17560 of 2023
                 ======================================================
           1.     Upendra Yadav Son of Late Mahadev Yadav, Resident of Village - Khadha,
                  Neyamatpur, P.S - Pirauta, District - Aurangabad (Bihar).
           2.    Sikandra Yadav, Son of Late Mahadev Yadav, Resident of Village - Khadha,
                 Neyamatpur, P.S. - Pirauta, 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, Kharia Circle Nabinagar, District-
                 Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Vyas Kumar Mishra, Adv.
                 For the Respondent/s    :     Mr. Prerua Anand, AC to GP-18
                 For resp. no. 5         :     Mr. Amaresh Kumar Sinha, Adv.
                                               Mr. Vaibhav Narayan, Adv.
                                               Ms. Deeksha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   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
Patna High Court CWJC No.17560 of 2023(2) dt.20-04-2026
                                           2/3




                          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 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,
           Patna High Court CWJC No.17560 of 2023(2) dt.20-04-2026
                                                      3/3




                                     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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