Patna High Court
Surendra Kumar PalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the District Magistrate‑cum‑Collector to consider the case under Section 64 of the RFCTLARRA, 2013 and refer it to LARRA, Gaya as per the precedent.
Summary
The petition filed by Surendra Kumar Pal sought a direction that the District Magistrate‑cum‑Collector of Aurangabad consider his case under Section 64(1) of the RFCTLARRA, 2013 and refer it to the LARRA, Gaya for disposal within the period prescribed by Section 60(4). The petitioner relied on a precedent – Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) – where the court had directed the same authority to act on merit and refer the matter to LARRA. The State had no objection to the reliance on that earlier order. Justice Rajiv Roy noted the earlier judgment and ordered that the present petition be disposed in the same terms, directing the petitioner to approach the District Magistrate‑cum‑Collector. The court thus affirmed the procedural direction without examining the substantive merits of the land acquisition claim. Consequently, the writ petition was dismissed and the matter was left to the administrative authority for further action.
Issues considered
- Whether the District Magistrate‑cum‑Collector should be directed to consider the petition under Section 64 of the RFCTLARRA, 2013
- Whether the matter must be referred to the LARRA, Gaya for disposal within the time‑frame of Section 60(4)
- Whether the precedent set in Kumar Ohm v. State of Bihar is applicable to the present petition
Legislation cited
Subjects
- writ jurisdiction
- land acquisition
- RFCTLARRA
- Section 64
- LARRA
- district magistrate
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5947 of 2024
======================================================
Surendra Kumar Pal Son of Ram Kewal Pal, Resident of Village 15, Kerka,
N.T.P.C., Khaira, P.S.- Kheira, District- Aurangabad.
... ... 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, Advocate
For the Respondent/s : Mr. Standing Counsel (28)
For the BRBCL : Mr. Amaresh Kumar Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Mr. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 30-03-2026 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 LARA, 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
Patna High Court CWJC No.5947 of 2024(3) dt.30-03-2026
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dispose the same within stipulated period as
per Section 60(4) of the RTFCLARR, 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 allowing the petitioner(s)
to approach the District Magistrate-cum-Collector,
Patna High Court CWJC No.5947 of 2024(3) dt.30-03-2026
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Aurangabad who shall be taking up the matter and act as
per the order passed in Kumar Ohm (supra) case.
(Rajiv Roy, J)
Adnan/-
U
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