Patna High Court
Mantu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the District Magistrate‑cum‑Collector, Aurangabad to consider the case under Section 64 of the RFCTLARRA, 2013 and refer it to the LARRA, Gaya.
Summary
The petitioner, Mantu Kumar Singh, filed a writ petition seeking a mandamus directing the authorities to refer his land acquisition case (No. 14/11-12) to the competent court for enhancement of compensation, invoking parity with earlier judgments. The petition relied on the order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) which directed the District Magistrate‑cum‑Collector to consider the matter under Section 64 of the RFCTLARRA, 2013 and refer it to the LARRA, Gaya. The court examined whether the petitioner could be compelled to obtain such a direction and whether Section 64 applied. Finding no objection from the State and noting the consistency requirement, the court disposed of the petition, directing the District Magistrate‑cum‑Collector to act in accordance with the Kumar Ohm order. Consequently, the petitioner may approach the District Magistrate‑cum‑Collector for the required consideration and referral.
Issues considered
- Whether a writ of mandamus can be issued directing the authorities to refer a land acquisition case for compensation enhancement.
- Whether Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is applicable to the petitioner’s case.
- Whether the petitioner’s case must be treated in parity with the Kumar Ohm judgment for consistency.
Legislation cited
Subjects
- writ of mandamus
- land acquisition
- compensation enhancement
- Section 64
- RFCTLARRA 2013
- parity and consistency
- LARRA
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7458 of 2026
======================================================
Mantu Kumar Singh Son of Late Dadan Singh, Resident of Village- Madhe,
P.S.- Nabinagar, 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 issuance of writ of mandamus
commanding and directing to the concerned
authority to refer the L.A. case No. 14/11-12
before the competent Court on the point of
enhancement of compensation in light of the order
Patna High Court CWJC No.7458 of 2026(2) dt.14-05-2026
2/3
dated 30.03.2026 passed in C.W.J.C. No. 15254 of
2023 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.”
Patna High Court CWJC No.7458 of 2026(2) dt.14-05-2026
3/3
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)
Ravi/-
U T
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