Patna High Court
Sharda DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the District Magistrate‑Collector to consider the case under Section 64 of the RTFCLARR Act, 2013 and refer it to LARRA, Gaya.
Summary
Petitioners Sharda Devi and Arjun Singh sought a direction that the District Magistrate‑Collector of Aurangabad refer their land‑acquisition matter to the LARRA, Gaya under Section 64(1) of the RTFCLARR Act, 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 the same authority to consider the case under Section 64 and refer it to LARRA. The State had no objection to relying on that precedent. The Court, noting the earlier coordinate‑bench order, directed the District Magistrate‑Collector to act in accordance with Section 64 and refer the matter to LARRA, Gaya, and disposed of the writ petition accordingly.
Issues considered
- Whether the District Magistrate‑Collector should be directed to consider the petition under Section 64 of the RTFCLARR Act, 2013 and refer it to the LARRA, Gaya.
- Whether the petition can be disposed of by following the precedent set in Kumar Ohm v. State of Bihar (CWJC 2743 of 2023).
Legislation cited
Subjects
- Land acquisition
- RTFCLARR Act
- Section 64
- Section 60
- LARRA
- Writ petition
- Civil writ jurisdiction
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6067 of 2024
======================================================
1. Sharda Devi Wife of Late Kamendra Singh Resident of Village- Kurwan,
P.S.- Nanari Kala Kurd, District- Aurangabad, Bihar.
2. Arjun Singh Son of Late Indradeo Singh Resident of Village- Kurwan, P.S.-
Nanari Kala Kurd, 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- Nabinagar, District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anirudh Kumar Verma, Advocate
For the Respondent/s : Mr.Nadeem Seraj, GP (5)
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):
“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.6067 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.”
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.”
6. In that background, the aforesaid writ petition is also
disposed of in the same term.
(Rajiv Roy, J)
Ravi/-
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