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Patna High Court

Ramesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, directing the petitioner to approach the District Magistrate‑cum‑Collector, Aurangabad, who shall consider the case under Section 64 of the RFCTLARRA, 2013 and refer it to LARRA, Gaya as per the Kumar Ohm order.

Summary

The petitioner, Ramesh Kumar Singh, filed a writ petition seeking a direction that the matter be referred to a competent court for enhancement of compensation under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, invoking the principle of parity and consistency with earlier judgments. The petitioner relied on the order dated 12 July 2023 in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), which directed the District Magistrate‑cum‑Collector of Aurangabad to consider the case under the same provision and refer it to the LARRA, Gaya. The State counsel raised no objection to applying the Kumar Ohm order to the present petition. The Court examined the earlier order and found that the same factual matrix and legal issues warranted a consistent approach. Accordingly, the Court disposed of the writ petition, directing the petitioner to approach the District Magistrate‑cum‑Collector, Aurangabad, who shall act in accordance with the Kumar Ohm direction. The petition was thus dismissed without further adjudication on the merits.

Issues considered

  • Whether the petitioner is entitled to a direction to refer the compensation enhancement matter to a competent court under Section 64 of the RFCTLARRA, 2013 in view of the Kumar Ohm judgment.
  • Whether the principle of parity and consistency requires the present petition to be disposed of in the same manner as the earlier case.

Legislation cited

Subjects

  • land acquisition
  • compensation enhancement
  • Section 64
  • parity
  • consistency
  • writ petition
  • LARRA

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.7455 of 2026
                 ======================================================
                 Ramesh Kumar Singh son of late Kailash Singh, resident of Village-Aghara,
                 PS NTPC, District Aurangabad.

                                                                           ... ... 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, Government 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.Anirudh Kumar Verma, Advocate
                 For the Respondent/s   :        Mr.Amaresh Kumar Sinha, Advocate
                                                 Mr. Vaibhav Narayan, Advocate
                                                 Ms. Deeksha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   14-05-2026                  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        direction        to     the   authority

                                  concerned to refer the case before the competent

                                  Court     on     the     point     of        enhancement    of

                                  compensation in light of the order dated

                                  30.03.2023 passed in C.W.J.C. No. 15284 of 2023
Patna High Court CWJC No.7455 of 2026(2) dt.14-05-2026
                                            2/3




                          disposed of in same term in light of the order

                          dated 12.07.2023 passed in CWJC No. 2743 of

                          2023 and several other cases that have been

                          referred to the Competent Court on the ground of

                          parity and consistency.

                      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 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
         Patna High Court CWJC No.7455 of 2026(2) dt.14-05-2026
                                                     3/3




                   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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