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Patna High Court

Mahendra SinghversusThe State of Bihar

Decided
Disposal
CONSIGNED

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

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


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