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Patna High Court

Sharda DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                     3/3




                                   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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