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Patna High Court

Gupta SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-
U


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