Patna High Court
Ram Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that, following Kumar Ohm, the District Magistrate‑Collector must consider the case under Section 64 and refer it to LARRA, Gaya, resulting in the disposal of the petition.
Summary
Ram Prasad Singh filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer his land‑acquisition matter 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 by Section 60(4). The petitioner urged the court to follow the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), where a similar direction was issued. The State had no objection to relying on that earlier order. Justice Rajiv Roy noted the earlier judgment and directed that the District Magistrate consider the case under Section 64 and refer it to LARRA, Gaya, thereby disposing of the present petition in the same terms. The petition was therefore dismissed as the relief sought was granted by direction.
Issues considered
- Whether the District Magistrate‑Collector must refer the petitioner's land‑acquisition case to LARRA under Section 64(1) of the RFCTLARR Act, 2013.
- Whether the disposal must be within the time‑frame prescribed by Section 60(4) of the same Act.
- Whether the earlier decision in Kumar Ohm v. State of Bihar is binding precedent for the present petition.
Legislation cited
Subjects
- Land acquisition
- RFCTLARR Act
- Section 64
- Section 60
- LARRA
- Writ petition
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.55 of 2024
======================================================
Ram Prasad Singh Son of Late Ram Narayan Singh, Resident of Village -
Surar, 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. Prerua Ananad, AC to GP-18
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.55 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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