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Patna High Court

Arjun SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directs the District Magistrate‑Collector to consider the case under Section 64 of the RFCTLARRA, 2013 and refer it to LARRA Gaya, resulting in the disposal of the writ petition.

Summary

Petitioner Arjun Singh filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer his land acquisition matter to the LARRA, Gaya under Section 64(1) of the RFCTLARRA, 2013 and that the LARRA dispose of it within the period prescribed by Section 60(4). The petitioners urged the court to follow the reasoning in Kumar Ohm v. State of Bihar (CWJC 2743 of 2023), which had directed a similar referral. The State had no objection to relying on that precedent. The Court, after hearing counsel, adopted the earlier order’s direction, directing the District Magistrate to consider the case under Section 64 and refer it to LARRA Gaya, thereby disposing of the writ petition.

Issues considered

  • Whether the District Magistrate‑Collector must refer the petitioner's land acquisition case to LARRA Gaya under Section 64(1) of the RFCTLARRA, 2013.
  • Whether the petition can be disposed of by applying the precedent set in Kumar Ohm v. State of Bihar (CWJC 2743 of 2023).

Legislation cited

Subjects

  • land acquisition
  • RFCTLARRA
  • Section 64
  • LARRA
  • writ petition
  • district magistrate
  • direction
  • disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.6060 of 2024
                 ======================================================
           1.     Arjun Singh Son of Late Indradeo Singh Resident of Village- Kurwan, P.S.-
                  Nanari Kala Khurd, District- Aurangabad, Bihar.
           2.    Sharda Devi Wife of late Kamendra 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 (6)
                 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                 Learned counsel for the petitioners undertake to remove

                   the defect(s) as pointed out by the office.

                               2. Heard Mr. Anirudh Kumar Verma, learned counsel

                   for the petitioners and the State.

                               3. 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
         Patna High Court CWJC No.6060 of 2024(2) dt.27-04-2026
                                                     2/2




                                   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.”

                               4. 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.

                               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

                                   present Writ Petition stands disposed off.”

                               7. In that background, the aforesaid writ petition is also

                   disposed of in the same term.

                                                             (Rajiv Roy, J)
Ravi/-
U


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