Patna High Court
Gupta SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The District Magistrate‑cum‑Collector must consider the petition under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA Gaya, and the writ petition is disposed accordingly.
Summary
Four petitioners filed a writ petition seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer their land acquisition matter to the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) Gaya under Section 64(1) of the RFCTLARR Act, 2013 and that LARRA dispose of it within the period prescribed in Section 60(4). The petitioners also urged the Court to consider the precedent set in Kumar Ohm v. State of Bihar (CWJC No.2743 of 2023). The State counsel raised no objection. The Court, relying on the earlier order in Kumar Ohm, directed the District Magistrate to consider the case under Section 64 and refer it to LARRA Gaya, and accordingly disposed of the present writ petition.
Issues considered
- Whether the petitioners are entitled to a direction under Section 64(1) of the RFCTLARR Act, 2013 to have their matter referred to LARRA Gaya.
- Whether the order in Kumar Ohm v. State of Bihar is applicable to the present petition.
Legislation cited
Subjects
- Land acquisition
- RFCTLARR Act
- Section 64
- LARRA
- Writ petition
- District Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4850 of 2023
======================================================
1. Gupta Singh Son of Late Dev Nandan Singh, Resident of Village Kurwan
P.S. Barun District Aurangabad.
2. Kamlesh Singh Son of Gupta Singh, Resident of Village Kurwan P.S. Barun
District Aurangabad.
3. Ashok Kumar Singh @ Ashok Singh Son of Gupta Singh, Resident of
Village Kurwan P.S. Barun District Aurangabad.
4. Narendra Kumar Singh Son of Gupta Singh, Resident of Village Kurwan
P.S. Barun District Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Deptt. 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, Govt. of Bihar, Patna.
5. The Chief Executive Officer, Bhartiya Rail Baffle Campus Ltd. (A Joint
Venture of India Railway and N.T.P.C.) Its office located at the campus of
BRBCHI Khaira, P.S. N.T.P.C. 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 (Sc19)
For respondent no.05 : Mr. Amaresh Kr. Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Ms. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 27-04-2026 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
Patna High Court CWJC No.4850 of 2023(3) dt.27-04-2026
2/2
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. Learned counsel for the petitioners, at the outset,
submit 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)
Ravi/-
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