Patna High Court
Mangal SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the District Magistrate‑Collector to consider the petitioner's case under Section 64 of the RFCTLARRA, 2013 and refer it to LARRA, Gaya, thereby disposing of the writ petition.
Summary
Mangal Singh filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer his 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 that the authority dispose of it within the period prescribed in Section 60(4). The petitioner urged that the order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) be applied, directing the magistrate to consider the case under Section 64 and refer it to LARRA. The State had no objection. The Court examined the earlier order and, finding it applicable, directed the District Magistrate to act accordingly and disposed of the present writ petition in the same terms.
Issues considered
- Whether the District Magistrate‑Collector should be directed to refer the petitioner's case to LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 2013.
- Whether the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) is binding on the present petition.
Legislation cited
Subjects
- writ petition
- land acquisition
- Section 64
- LARRA
- precedent
- disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2675 of 2024
======================================================
Mangal Singh Son of Ramashray Singh, Resident of Village - 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 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, Khaira Circle Nabinagar, District -
Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Adv.
For the Respondent/s : Mr. Standing Counsel 23
For resp. no. 5 : Mr. Amaresh Kumar Sinha, Adv.
Mr. Vaibhav Narayan, Adv.
Ms. Deeksha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 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 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
Patna High Court CWJC No.2675 of 2024(3) dt.20-04-2026
2/2
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, 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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