Patna High Court
Surendra Kumar PalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the District Magistrate‑cum‑Collector must consider the petition under Section 64 of the RFCTLARR Act, 2013 and refer it to the LARRA, Gaya for disposal within the period prescribed by Section 60(4).
Summary
Surendra Kumar Pal filed a writ petition seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer his land‑acquisition matter to the LARRA, Gaya under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and dispose of it within the period prescribed in Section 60(4). The petitioner also urged the court to apply the reasoning of Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023). The State had no objection. The High Court, relying on the earlier judgment, directed the District Magistrate‑cum‑Collector to consider the case under Section 64 of the Act and refer it to LARRA, Gaya for disposal within the stipulated time, thereby disposing of the writ petition.
Issues considered
- Whether the petitioner is entitled to a direction under Section 64(1) of the RFCTLARR Act, 2013 to have his case referred to the LARRA, Gaya.
- Whether the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) is applicable to the present petition.
Legislation cited
Subjects
- land acquisition
- RFCTLARR Act
- Section 64
- LARRA
- writ petition
- district magistrate
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5957 of 2024
======================================================
Surendra Kumar Pal Son of Ram Kewal Pal Resident of Village- 15, Kerka,
N.T.P.C. Khaira P.S.- Khaira, 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.Anirudh Kumar Verma, Advocate
For the Respondent/s : Mr.Standing Counsel -26
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Learned counsel for the petitioner undertakes to
remove the defect(s).
Mr. Anirudh Kumar Verma, learned counsel for the
petitioner submits that the petitioner shall be removing the
defect(s) pointed out by the office.
2. Heard Mr. Anirudh Kumar Verma, learned counsel
for the petitioner and the State.
3. The present petition has been preferred for the
following relief(s):
“for direction to the authority
Patna High Court CWJC No.5957 of 2024(2) dt.18-04-2026
2/3
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 dispose the
same within stipulated period as per Section 60(4)
of the RTFCLARR, 2013.”
4. 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.
5. Learned State counsel has no objection to it.
6. 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.5957 of 2024(2) dt.18-04-2026
3/3
present Writ Petition stands disposed off.”
7. 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, Aurangabad
who shall be taking up the matter and act as per the order
passed in Kumar Ohm (supra) case.
(Rajiv Roy, J)
Ravi/-
U
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