Patna High Court
Jai Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed that the petition be disposed of by referring the case to LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 2013, in line with the earlier Kumar Ohm judgment.
Summary
The petitioner, Jai Prakash Singh, filed a writ petition seeking a direction that the District Magistrate‑cum‑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 the matter within the period prescribed by Section 60(4) of the same Act. The petitioner urged the Court to follow the reasoning of a prior coordinate‑bench order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), which had directed the same relief. The State counsel raised no objection to relying on that precedent. The Court examined the earlier order, noting that it had already directed the District Magistrate‑cum‑Collector to consider the petition under Section 64 and refer it to LARRA, Gaya, thereby disposing of the matter. Accordingly, the Court ordered that the present petition be disposed of in the same manner, effectively granting the relief sought. The petition was therefore dismissed as it was deemed settled by the earlier judgment.
Issues considered
- Whether the District Magistrate‑cum‑Collector, Aurangabad should be directed to refer the petitioner's case to LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 2013.
- Whether the authority must dispose of the matter within the period prescribed by Section 60(4) of the RTFCLARR Act, 2013.
Legislation cited
Subjects
- Section 64
- Section 60
- Land Acquisition
- Rehabilitation and Resettlement
- Writ Petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5712 of 2023
======================================================
Jai Prakash Singh Son of Late Akhileshwar Singh, resident of village -
Kundwan, P.S. Barun District – Aurangabad. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Deptt. of Revenue and
Land Reform, Old Secretariat Govt. of Bihar, Patna.
2. The Director, Land Acquisition, Directorate and Land Acquisition,
Government of Bihar, Old Secretariat, Patna.
3. The Commissioner, Magadh Division, Gaya.
4. The District Magistrate cum Collector, Aurangabad.
5. The Additional Collector, Aurangabad.
6. The District Land Acquisition Officer, Aurangabad.
7. The Chief Executive Officer, Nabi Nagar Power Generating Company Pvt.
Ltd. Located at Main Gate Sasna, Nabinagar, Aurangabad.
8. The Registrar/Secretary, the Rehabilitation and Resettlement Authority, the
Campus of Collectorate, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra, Advocate
For the Respondent/s : Mr.Sajid Salim Khan ( Sc 25 )
For respondent no.07 : 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
by the petitioner on merit and the LARA, Gaya be
Patna High Court CWJC No.5712 of 2023(3) dt.27-04-2026
2/2
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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