Patna High Court
Om Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, following the earlier coordinate‑bench order directing referral to LARRA under Section 64(1) of the RTFCLARR Act, 2013.
Summary
The petitioners, three siblings, filed a writ petition against the State of Bihar and several land‑acquisition officials seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad 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 in Section 60(4). The petitioners urged the Court to consider the earlier coordinate‑bench decision in Kumar Ohm vs State of Bihar (CWJC No. 2743 of 2023) which had directed similar relief. The State counsel raised no objection to relying on that precedent. The Court examined the earlier order, noting that it expressly directed the District Magistrate to consider the case under Section 64 and refer it to LARRA, and therefore found no reason to depart from that direction. Consequently, the Court disposed of the present writ petition in the same terms as the earlier order. The decision underscores the procedural requirement of referring land‑acquisition disputes to LARRA under the statutory provisions.
Issues considered
- Whether the Court should direct the District Magistrate‑cum‑Collector to refer the petitioners' case to LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 2013.
- Whether the petition should be disposed of in accordance with the earlier coordinate‑bench order in Kumar Ohm vs State of Bihar.
Legislation cited
Subjects
- Land acquisition
- Section 64
- LARRA
- Rehabilitation and Resettlement
- Writ petition
- Directive
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5944 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. Kumari 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.5944 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.5944 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/-
U
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