Patna High Court
Mahendra SinghversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed as a peremptory order due to the petitioner’s failure to remove the defect within the prescribed time.
Summary
Mahendra Singh filed a writ petition seeking a direction to the District Magistrate (Respondent No.3) to refer his application to the Land Acquisition Rectification Authority (LARA), Gaya under section 64(1) of the RTFCLARR Act, 2013, and to have it disposed within the period prescribed by section 60(4). The court noted that a three‑week period to remove a defect, granted on 20‑06‑2024, had lapsed without compliance. Consequently, the court treated the order as peremptory and dismissed the petition on 11‑07‑2024. The dismissal was entered without further hearing, and the case file was consigned.
Issues considered
- Whether the petitioner is entitled to a direction under section 64(1) of the RTFCLARR Act, 2013 to refer his application to LARA, Gaya
- Whether the failure to remove the defect within the stipulated three‑week period justifies dismissal of the petition as a peremptory order
Legislation cited
- RTFCLARR Act, 2013 — s. 60(4), 64(1)
Subjects
- Land Acquisition
- RTFCLARR Act
- Section 64(1)
- Section 60(4)
- Peremptory Order
- Direction
- LARA
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2634 of 2024
======================================================
Mahendra Singh Son of Ramswarup Singh, Resident of Village-Kerka
Khadha, P.S.-NTPC Khaira, District-Aurangabad (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, 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, Adv.
For the Respondent/s : Mr. Government Advocate 03
For the BRBCL : Mr. Amaresh Kumar Sinha, Adv.
Mr. Vaibhav Narayan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 18-04-2025 Heard the parties.
2. The present application has been filed 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 Act, 2013.
3. On 20.06.2024, three weeks’ time was granted to
Patna High Court CWJC No.2634 of 2024(3) dt.18-04-2025
2/2
remove the defect.
4. As the same was not removed and it being a
peremptory order, the case stands dismissed on 11.07.2024.
5. Perused the file, consigned.
(Rajiv Roy, J)
Vijay Singh/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.