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 and refer it to LARRA, Gaya, in line with the Kumar Ohm precedent.
Summary
Sharda Devi and Arjun Singh filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer their land‑acquisition matter to the LARRA, 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 it within the period prescribed in Section 60(4). The petitioners relied on a prior decision in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) which had directed the same procedural step. The State had no objection to the reliance. The Court, noting the earlier order, directed the District Magistrate‑Collector to consider the case under Section 64 and refer it to LARRA, thereby disposing of the writ petition in the same terms as the precedent.
Issues considered
- Whether the petitioner is entitled to a direction under Section 64(1) of the RTFCLARR Act, 2013 to have the matter referred to LARRA, Gaya.
- Whether the Court should follow the precedent set in Kumar Ohm v. State of Bihar in granting such a direction.
Legislation cited
Subjects
- Land acquisition
- Section 64
- LARRA
- RTFCLARR Act
- Writ petition
- District Magistrate
- Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6074 of 2024
======================================================
1. Sharda Devi Wife of Late Kamendra Singh, resident of Village-Kurwan,
P.S.-Nanari Kala Khurd, District-Aurangabad, Bihar.
2. Arjun Singh, son of Late Indradeo 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-Nabinagar, District-Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anirudh Kumar Verma, Advocate
For the Respondent/s : Mr. Manish Kumar, GP- 4
For respondent no.5 : Mr. Amaresh Kumar Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Ms. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Learned counsel for the petitioners undertakes to
remove the defect(s).
2. Mr. Anirudh Kumar Verma, learned counsel for
the petitioner submits that the petitioner shall be removing the
defect(s) pointed out by the office.
3. Heard Mr. Anirudh Kumar Verma, learned counsel
for the petitioner and the State.
4. The present petition has been preferred for the
Patna High Court CWJC No.6074 of 2024(2) dt.18-04-2026
2/3
following relief(s):
“for direction to the authority
concerned particularly to Respondent No. 3 to
refer the matter before LARA, 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, 2013.”
5. 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.
6. Learned State counsel has no objection to it.
7. 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
Patna High Court CWJC No.6074 of 2024(2) dt.18-04-2026
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reference before LARRA, Gaya.
With this observation and direction, the
present Writ Petition stands disposed off.”
8. In that background, the aforesaid writ petition is
also disposed of in the same term allowing the petitioner(s) to
approach the District Magistrate-cum-Collector, Aurangabad
who shall be taking up the matter and act as per the order
passed in Kumar Ohm (supra) case.
(Rajiv Roy, J)
Ravi/-
U
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