Patna High Court
Pawan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The District Magistrate‑Collector must consider the petition under Section 64 of the RFCTLARRA, 2013 and refer it to LARRA, Gaya for disposal within the period prescribed by Section 60(4).
Summary
The petitioners, a group of landowners from Kurwan village in Aurangabad district, filed a writ petition seeking a direction that the District Magistrate‑Collector refer their case 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 Authority dispose of it within the period prescribed in Section 60(4). The petitioners urged the court to apply the reasoning of the earlier coordinate‑bench order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023). The State had no objection to relying on that precedent. Justice Rajiv Roy noted the earlier order directing the District Magistrate to consider the matter under Section 64 and refer it to LARRA, Gaya, and accordingly disposed of the present petition in the same terms. Consequently, the court directed the District Magistrate‑Collector to act in accordance with Section 64 of the Act and refer the matter to LARRA, Gaya for disposal within the statutory time‑frame.
Issues considered
- Whether the petitioners are entitled to a direction under Section 64(1) of the RFCTLARRA, 2013 to refer their land‑acquisition matter to LARRA, Gaya.
- Whether the High Court should follow the coordinate‑bench order in Kumar Ohm v. State of Bihar in disposing of the present writ petition.
Legislation cited
Subjects
- Land acquisition
- RFCTLARRA
- Section 64
- LARRA
- Writ petition
- Direction
- Disposal
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6059 of 2024
======================================================
1. Pawan Kumar Singh Son of Late Yamuna Prasad Singh Resident of Village-
Kurwan, P.S.- Nanari Kala Khurd, District- Aurangabad, Bihar.
2. Akshy Kumar Singh Son of Late Yamuna Prasad Singh Resident of Village-
Kurwan, P.S.- Nanari Kala Khurd, District- Aurangabad, Bihar.
3. Manoj Kumar Singh Son of Late Kapildeo Singh Resident of Village-
Kurwan, P.S.- Nanari Kala Khurd, District- Aurangabad, Bihar.
4. Yamuna Prasad Singh Son of Late Kshatrapati Singh Resident of Village-
Kurwan, P.S.- Nanari Kala Khurd, District- Aurangabad, Bihar.
5. Suresh Prasad Singh Son of Late Madho Singh Resident of Village- Kurwan,
P.S.- Nanari Kala Khurd, District- Aurangabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Director, Directorate of Land Acquisition, Government of Bihar, Patna.
3. The District Magistrate-cum-Collector, Aurangabad.
4. The District Land Acquisition Officer, Aurangabad.
5. The Chief Executive Officer, Nabinagar, Power Generating Company
Limited, its office located at Main Gate Sasna, P.S.- Nanari Kala Khurd
Circle- Nabibagar, District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anirudh Kumar Verma, Advocate
For the Respondent/s : Mr.Government Pleader 3
For respondent no.05 : 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
following relief(s):
Patna High Court CWJC No.6059 of 2024(2) dt.27-04-2026
2/3
“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
present Writ Petition stands disposed off.”
Patna High Court CWJC No.6059 of 2024(2) dt.27-04-2026
3/3
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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