Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioner to approach the District Magistrate‑Cum‑Collector, Aurangabad, who shall consider the case under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA, Gaya as per the Kumar Ohm order.
Summary
Shanti Devi, the widow of Late Dev Narayan Singh, 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 dispose of it within the period prescribed in Section 60(4). The petitioner urged the Court to follow the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), where the Court directed the same authority to consider the matter under Section 64 and refer it to LARRA. The State counsel raised no objection to applying the earlier order. The Court observed that the earlier judgment provides a clear directive and accordingly disposed of the present petition, directing the petitioner to approach the District Magistrate‑Cum‑Collector, who shall act in accordance with the Kumar Ohm order.
Issues considered
- Whether the petitioner’s writ petition should be directed to the District Magistrate‑Cum‑Collector to consider the case under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA, Gaya.
- Whether the precedent set in Kumar Ohm v. State of Bihar is applicable to the present petition.
Legislation cited
Subjects
- Land acquisition
- Writ petition
- Section 64
- LARRA
- Right to Fair Compensation Act
- District Magistrate
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18619 of 2023
======================================================
Shanti Devi Wife of Late Dev Narayan Singh Resident of Dhundhua, P.S.-
NTPC Khaira, District-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secreary, Department of Revenue
and Land Reform, Govt. of Bihar, patna.
2. The Director, Directorate of Land Acquisition, Govt. of Bihar, Patna.
3. TheDistrict 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
petitioner submits that he shall be removing the defect(s)
pointed out by the office.
2. Heard Mr. Anirudh Kumar Verma, learned counsel
for the petitioner and the State.
3. The present petition has been preferred for the
following relief(s):
“for direction to the authority
concerned particularly to Respondent No. 3 to
Patna High Court CWJC No.18619 of 2023(2) dt.31-03-2026
2/3
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 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.”
Patna High Court CWJC No.18619 of 2023(2) dt.31-03-2026
3/3
7. In that background, the aforesaid writ petition is
also disposed of in the same term allowing the petitioner(s) 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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