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Patna High Court

Pawan Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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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