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Patna High Court

Ram Chandra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, directing the petitioner to approach the District Magistrate‑cum‑Collector, Aurangabad, who shall consider the case under section 64 and refer it to LARRA Gaya as per the Kumar Ohm order.

Summary

Petitioner Ram Chandra Singh filed a writ petition seeking a mandamus directing the Land Acquisition Rehabilitation and Resettlement Authority (LARRA) at Gaya to accept his petition under section 64 of the Right to Fair Compensation and Land Acquisition Rehabilitation and Resettlement Act, 2013 (RFCTLARRA) and to dispose of it within the period prescribed under section 60(4). The petitioner urged the court to follow the earlier decision in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), which had directed the District Magistrate‑cum‑Collector of Aurangabad to consider the case under section 64 and refer it to LARRA Gaya. The State had no objection to applying that precedent. The Patna High Court, relying on the Kumar Ohm order, disposed of the present petition by directing the petitioner to approach the District Magistrate‑cum‑Collector, Aurangabad, who will handle the matter in accordance with the earlier order.

Issues considered

  • Whether the petitioner is entitled to a mandamus directing LARRA Gaya to accept and dispose of his petition under section 64 of the RFCTLARRA, 2013 within the period prescribed by section 60(4).
  • Whether the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) is applicable to the present petition.

Subjects

  • Land Acquisition
  • Rehabilitation and Resettlement
  • Mandamus
  • Section 64
  • Section 60(4)
  • District Magistrate
  • LARRA
  • Precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6447 of 2024
                 ======================================================
                 Ram Chandra Singh Son of Late Ram Bilash Singh, resident of village Kerka
                 P.S. N.T.P.C., District Aurangabad.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Deptt. of Revenue and
                 Land Reform, Govt. of Bihar, Patna.
           2.    The Director, Directorate of Land Acquisition, Govt. of Bihar, Patna.
           3.    The District Magistrate Cum Collector, Aurangabad.
           4.    The District Land Acquisition Officer, Govt. of Bihar, Patna.
           5.    The Chief Executive Officer, Bhartiya Rail Baffle Campus Ltd. (A Joint
                 Venture of India Railway and N.T.P.C.) Its Office located at the campus of
                 BRBCHI Khaira, P.S. N.T.P.C. Khaira Circle Nabinagar District
                 Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Vyas Kumar Mishra, Advocate
                 For the Respondent/s   :      Mr. Birendra Prasad Singh, AC to SC-19
                                               Mr. Amaresh Kumar Sinha, Advocate
                                               Mr. Vaibhav Narayan, Advocate
                                               Ms. Deeksha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   30-03-2026                   Heard Mr. Anirudh Kumar Verma, learned counsel

                   for the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for issuance of writ(s), order(s) or

                                  direction(s)    in    the    nature     of     Mandamus

                                  Commanding and directing upon the concerned

                                  Authority i.e. LARA GAYA to accept the petition

                                  filed under section 64 of the Right to Fair
Patna High Court CWJC No.6447 of 2024(2) dt.30-03-2026
                                            2/3




                          Compensation Land Acquisition Rehabilitation

                          and resettlement Act, 2013 (In short RFCTLARA

                          Act 2013) and dispose the same on merit under

                          the stipulated period as enshrined under section

                          60 (4) of the Act by giving liberty to the petitioner

                          to file petition before the LARA GAYA under

                          section 64(1) of the Act, 2013.”

                      3. 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.

                      4. Learned State counsel has no objection to it.

                      5. The relevant portion in 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
          Patna High Court CWJC No.6447 of 2024(2) dt.30-03-2026
                                                      3/3




                                    present Writ Petition stands disposed off.”

                                6. 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)
Adnan/-

U


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