Created by Fuzzy Cloud

Patna High Court

Rajendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed by directing the District Magistrate‑Collector to consider the case under Section 64 of the RFCTLARRA, 2013 and refer it to LARRA, Gaya.

Summary

Petitioner Rajendra Singh filed a writ petition seeking a direction that the District Magistrate‑Collector of Aurangabad refer his case to the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA), Gaya under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and that the authority dispose of it within the period prescribed by Section 60(4). The petitioner urged the Court to follow the earlier coordinate‑bench order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) which had directed the same. The State had no objection. The Court noted the precedent and directed the District Magistrate‑Collector to consider the petition under Section 64 of the Act and refer it to LARRA, Gaya, thereby disposing of the present writ petition.

Issues considered

  • Whether the District Magistrate‑Collector, Aurangabad, is required to refer the petitioner's case to LARRA, Gaya under Section 64(1) of the RFCTLARRA, 2013.
  • Whether the earlier coordinate‑bench order in Kumar Ohm v. State of Bihar is binding on the present petition.

Legislation cited

Subjects

  • Land acquisition
  • RFCTLARRA
  • Section 64
  • LARRA
  • Writ petition
  • District Magistrate
  • Precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.86 of 2025
                 ======================================================
                 Rajendra Singh Son of Raghuni Singh Resident of Village Khadha, P.S.-
                 NTPC Khaira, District- Aurangabad (Bihar).

                                                                           ... ... 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. Anirudh Kumar Verma, Adv.
                 For the Respondent/s     :    Mr. Standing Counsel 7
                 For resp. no. 5          :    Mr. Amaresh Kumar Sinha, Adv.
                                               Mr. Vaibhav Narayan, Adv.
                                               Ms. Deeksha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-04-2026                          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

                                  particularly to Respondent No. 3 to refer the matter

                                  before LARRA, 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
           Patna High Court CWJC No.86 of 2025(3) dt.20-04-2026
                                                       2/2




                                     Section 60(4) of the RTFCLARR 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 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 also

                     disposed of in the same term.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.