Patna High Court
Krishna SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed by directing the District Magistrate‑cum‑Collector to consider the case under Section 64 of the RTFCLARR Act and refer it to the LARRA, Gaya, which must dispose of it within the period prescribed under Section 60(4), in accordance with the Kumar Ohm precedent.
Summary
The petitioner, Krishna Singh, filed a writ petition seeking a direction that the District Magistrate‑cum‑Collector of Aurangabad refer his land‑acquisition matter to the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) in Gaya under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and that the LARRA dispose of the case within the period prescribed by Section 60(4). The petitioner urged the Court to consider the earlier decision in Kumar Ohm vs. State of Bihar (CWJC No. 2743 of 2023), which had directed a similar referral and disposal. The State had no objection to relying on that precedent. The Court, after noting the earlier order, directed the District Magistrate‑cum‑Collector to consider the case under Section 64 and refer it to LARRA, Gaya, and ordered the petition disposed in the same terms as the Kumar Ohm case.
Issues considered
- Whether the petitioner is entitled to a direction under Section 64(1) of the RTFCLARR Act to refer the matter before LARRA, Gaya.
- Whether the LARRA must dispose of the matter within the period prescribed under Section 60(4) of the Act.
- Whether the precedent set in Kumar Ohm vs. State of Bihar (CWJC No. 2743 of 2023) is applicable to the present petition.
Legislation cited
Subjects
- Land acquisition
- LARRA
- Section 64
- Section 60
- Writ petition
- Rehabilitation and Resettlement
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5962 of 2024
======================================================
Krishna Singh Son of Late Baliram Singh Resident of Village- Kudwan, P.S.-
Narari Kala Khurd, 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 Rehavilitation 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.Sitaram Yadav, GP-16
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 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
directed to dispose the same within stipulated period
Patna High Court CWJC No.5962 of 2024(2) dt.27-04-2026
2/2
as per Section 60(4) of the RTFCLARR Act, 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.
(Rajiv Roy, J)
Ravi/-
U
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