Patna High Court
Sita Ram ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioners to approach the District Magistrate‑cum‑Collector to consider the case under Section 64 of the RTFCLARR Act and refer it to LARA, following the Kumar Ohm precedent.
Summary
The petitioners, three brothers named Chaudhary, filed a writ petition against the State of Bihar and several officials seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer their land‑acquisition matter to the Land Acquisition, Rehabilitation and Resettlement Authority (LARA), Gaya under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. They also requested that LARA dispose of the matter within the period prescribed by Section 60(4) of the same Act. The court noted a prior decision in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) which had directed the District Magistrate to consider the case under Section 64 and refer it to LARA. Relying on that precedent, the bench ordered that the petitioners approach the District Magistrate‑cum‑Collector, who shall act in accordance with the earlier order, and consequently disposed of the writ petition. The decision effectively upheld the procedural direction without adjudicating the substantive merits of the land‑acquisition claim.
Issues considered
- Whether the petitioners are entitled to a writ direction under Section 64(1) of the RTFCLARR Act, 2013 for the District Magistrate‑cum‑Collector to refer the matter to LARA, Gaya.
- Whether the earlier precedent in Kumar Ohm v. State of Bihar mandates the same procedural direction in the present case.
Legislation cited
Subjects
- land acquisition
- RTFCLARR Act
- Section 64
- LARA
- writ petition
- district magistrate
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18605 of 2023
======================================================
1. Sita Ram Chaudhary Son of Bhadola Chaudhary, Resident of village -
Dhundhua, P.S. - Khadha Pirauta, District - Aurangabad (Bihar).
2. Shiv Govind Chaudhary, Son of Bhadola Chaudhary, Resident of village -
Dhundhua, P.S. - Khadha Pirauta, District - Aurangabad (Bihar).
3. Awdhesh Chaudhary, Son of Bhadola Chaudhary, Resident of village -
Dhundhua, P.S. - Khadha Pirauta, District - Aurangabad (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reform, Bihar, Patna.
2. The Director, Driectorate 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. Rishi Raj Sinha ( Sc 19 )
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 31-03-2026 Mr. Anirudh Kumar Verma, learned counsel for the
petitioners submit that he shall be removing the defect(s)
pointed out by the office.
2. Heard Mr. Anirudh Kumar Verma, learned counsel
for the petitioners and the State.
3. The present petition has been preferred for the
following relief(s):
Patna High Court CWJC No.18605 of 2023(2) dt.31-03-2026
2/3
“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 per Section 60(4)
of the RTFCLARR, 2013.”
4. Learned counsel for the petitioners, 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.
Patna High Court CWJC No.18605 of 2023(2) dt.31-03-2026
3/3
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 allowing the petitioners to
approach the District Magistrate-cum-Collector, Aurangabad
who shall be taking up the matter and act as per the order
passed in Kumar Ohm (supra) case.
(Rajiv Roy, J)
Adnan/-
U
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