Patna High Court
Om Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed of the petition, following the earlier order, and did not grant any further relief.
Summary
The petitioners, three brothers, filed a writ petition in the Patna High Court seeking a direction that the Commissioner, Magadh Division, Gaya refer their 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 LARRA dispose of it within the period prescribed by Section 60(4). They relied on a prior order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) which had directed the District Magistrate‑cum‑Collector, Aurangabad to consider a similar application under the same provision. The State had no objection to the petitioners’ reliance on that precedent. The Court, after hearing counsel for both sides, noted the earlier order and found no reason to depart from it. Consequently, the Court disposed of the present writ petition in the same terms, effectively directing the same procedural steps as earlier. No substantive order on the merits of the petitioners’ claim was issued.
Issues considered
- Whether the petitioners are entitled to a direction under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to refer the matter to LARRA, Gaya.
- Whether the earlier order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) is binding on the present petition.
Legislation cited
Subjects
- Land Acquisition
- Section 64
- LARRA
- Writ Petition
- Right to Fair Compensation
- Rehabilitation and Resettlement
- Civil Writ Jurisdiction
- Petition disposed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5938 of 2024
======================================================
1. Om Prakash Singh son of Late Prem Kumar Singh, Resident of Village-
Kudwan, Narari Kala Khurd, Ankorha, Kunrwa, P.S.-Barun, District-
Aurangabad (Bihar).
2. Basant Kumar Singh, son of Late Prem Kumar Singh, Resident of Village-
Kudwan, Narari Kala Khurd, Ankorha, Kunrwa, P.S.-Barun, District-
Aurangabad (Bihar).
3. Kumar Rishi, son of Late Prem Kumar Singh, Resident of Village-Kudwan,
Narari Kala Khurd, Ankorha, Kunrwa, P.S.-Barun, 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, Land Acquisition, Directorate of 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.Anirudh Kumar Verma, Advocate
For the Respondent/s : Mr.Standing Counsel (9)
For respondent no.07 : Mr. Amaresh Kr. Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Ms. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-04-2026 Heard Mr. Anirudh Kumar Verma, learned counsel for
the petitioners and the State.
2. The present petition has been preferred for the
Patna High Court CWJC No.5938 of 2024(2) dt.27-04-2026
2/3
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 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
Patna High Court CWJC No.5938 of 2024(2) dt.27-04-2026
3/3
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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