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Patna High Court

Satender SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of in the same term, following the coordinate bench order in Kumar Ohm v. State of Bihar, directing referral of the case under Section 64 to the LARRA, Gaya.

Summary

Satender Singh filed a writ petition seeking a mandamus directing the authorities to refer his case to the 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. The petitioner urged that his case be decided in line with the coordinate bench order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023), which directed the District Magistrate to consider the matter under the same provision and refer it to the LARRA, Gaya. The State counsel raised no objection to applying the earlier order. The court examined the earlier judgment and found that the directions therein were applicable, thereby disposing of the present petition in the same term. No separate order on merits was issued, and the petition was dismissed as it was deemed settled by the prior decision.

Issues considered

  • Whether the petitioner is entitled to an enhancement of compensation under Section 64 of the RFCTLARRA, 2013.
  • Whether the authorities are mandated to refer the petitioner's case to the competent court for such enhancement.
  • Whether the earlier coordinate bench order in Kumar Ohm v. State of Bihar governs the present petition.

Legislation cited

Subjects

  • writ of mandamus
  • land acquisition
  • compensation enhancement
  • Section 64
  • RFCTLARRA
  • parity and consistency
  • LARRA

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8332 of 2026
                 ======================================================
                 Satender Singh son of Jamadar Singh, resident of Village Pirauta, 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, Department of Revenue and
                 Land Reform, Government of Bihar, Patna.
           3.    The District Magistrate cum Collector, Aurangabad.
           4.    The District Land Acquisition Officer, Aurangabad, Bihar.
           5.    The Chief Executive Officer, Bhartiya Rail Bijlali Corporation Ltd. (A Joint
                 Venture of India Railway and N.T.P.C.) its office located at the campus of
                 BRBCL 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. AAG-13
                 For the BRBCL          :        Mr. Amaresh Kumar Sinha, Advocate
                                                 Mr. Vaibhav Narayan, Advocate
                                                 Ms. Deeksha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-06-2026                 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 case before the competent

                                  court     on     the   point    of    enhancement        of
Patna High Court CWJC No.8332 of 2026(2) dt.16-06-2026
                                            2/3




                          compensation in light of the order dated

                          30.03.2023 passed in CWJC No. 15284/2023

                          disposed off 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.
          Patna High Court CWJC No.8332 of 2026(2) dt.16-06-2026
                                                      3/3




                                                With this observation and direction,

                                    the present Writ Petition stands disposed off.”

                                6. In that background, the aforesaid writ petition is

                    also disposed of in the same term.



                                                  (Rajiv Roy, J)
Adnan/-

U


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