Patna High Court
Mosafir PalversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed because the petitioner failed to comply with the peremptory order to remove defects.
Summary
Mosafir Pal filed a civil writ petition seeking a direction that the District Magistrate-cum-Collector refer his application to the Land Acquisition Rectification Authority (LARA), Gaya under section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RTFCLARR) Act, 2013, and that LARA dispose of it within the period prescribed in section 60(4). The High Court issued a peremptory order on 2 May 2024, granting the petitioner three weeks to remove procedural defects in the petition. The petitioner failed to comply with this deadline. Consequently, the Court dismissed the petition on 19 June 2024 for non‑compliance with the peremptory order. The dismissal underscores the Court's insistence on strict adherence to procedural timelines in land‑acquisition matters.
Issues considered
- Whether the High Court can direct the District Magistrate to refer the petitioner's application to LARA under section 64(1) of the RTFCLARR Act, 2013.
- Whether failure to comply with a peremptory order justifies dismissal of the petition.
Legislation cited
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RTFCLARR) Act, 2013 — s. 60(4), 64(1)
Subjects
- land acquisition
- RTFCLARR Act
- peremptory order
- petition dismissal
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.83 of 2024
======================================================
Mosafir Pal Son of Late Chandar Pal, Resident of Village - Khadha, P.S. -
NTPC Khaira, District - Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department 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, Aurangabad.
5. The Chief Executive Officer, Bhartiya Rail Bijlee Company Ltd. ( A Joint
Venture of India Railway and NTPC) its office located at the campus of
BRBCL Khaira, P.S. - NTPC, Khaira Circle Nabinagar, District -
Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra, Adv.
For the Respondent/s : Mr.Sajid Salim Khan (SC25)
For BRBCL Mr. Amresh Kr Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 25-02-2025 Heard the parties.
2. The petition has been filed for the following
reliefs:-
“ That this petition is being filed 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 Act, 2013.” .
Patna High Court CWJC No.83 of 2024(3) dt.25-02-2025
2/2
3. In this case on 02.05.2024, three weeks
peremptory time was granted to the petitioner to remove the
defect(s).
4. As it was a peremptory order and was not complied
with, it stands dismissed on 19.06.2024.
5. Perused the file, consigned.
(Rajiv Roy, J)
perwez
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