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Patna High Court

Laxman SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the petitioner to file an application under Section 64 before the District Magistrate‑Collector, who must refer the matter to the appropriate authority within 30 days.

Summary

The petitioner, Laxman Singh, filed a writ petition seeking a direction that his claim under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 be referred to the appropriate authority for settlement. The respondents, including the State of Bihar and the District Magistrate‑Collector of Aurangabad, argued that the petitioner should first approach the Collector under the same provision. The Court noted a prior decision (C.W.J.C. No. 2743 of 2023) directing similar matters to be dealt with under Section 64. It held that the petitioner must file an application supported by relevant documents before the Collector within two weeks, and the Collector must refer the application to the appropriate authority within 30 days. Accordingly, the writ application was disposed with liberty to the petitioner to comply with the statutory procedure.

Issues considered

  • Whether the High Court can direct the petitioner to file an application under Section 64 of the 2013 Act before the District Magistrate‑Collector.
  • Whether the District Magistrate‑Collector is obligated to refer the petitioner's claim to the appropriate authority within the time frame prescribed by law.

Legislation cited

Subjects

  • Land acquisition
  • Section 64
  • Right to Fair Compensation Act
  • Writ jurisdiction
  • Referral to appropriate authority
  • Rehabilitation and Resettlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9409 of 2026
                 ======================================================
                 Laxman Singh, Son of Late Shivlagan Singh, Resident of Village Khaira, PS
                 N.T.P.C Khaira, 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 Bijlee Campany 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
                                               Mr. Rajesh Kumar Singh, Advocate
                 For the State           :     Mr. Md. Faiz Ahmad, A.C. to G.P.- 14
                 For the Respondent/s    :     Mr. Amaresh Kumar Sinha, Advocate
                                               Mr. Vaibhav Narayan, Advocate
                                               Ms. Deeksha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   03-07-2026                    Heard learned counsel for the parties and perused the

                   order of the Co-ordinate Bench of this Court as appended vide

                   Annexure P-2 whereby similar and identical matters were taken

                   up and disposed off with a direction to the concerned authorities

                   of the District to consider the case of respective petitioners

                   under Section 64 of the Right to Fair Compensation and

                   Transparency         in   Land   Acquisition,      Rehabilitation      and

                   Resettlement Act, 2013 (in short ‘the Act’) and shall make a

                   necessary reference to the appropriate authority for settling the
Patna High Court CWJC No.9409 of 2026(2) dt.03-07-2026
                                            2/3




          claims of the petitioners.

                      2. In the case at hand, the petitioner has also prayed

          for a direction to the concerned authority i.e. respondent no. 3,

          the District Magistrate-cum-Collector, Aurangabad to refer the

          matter of petitioner to appropriate authority as envisaged under

          Section 64 of the Act. Petitioner has also referred to the order

          dated 12.07.2023 passed by the Co-ordinate Bench of this Court

          in C.W.J.C. No. 2743 of 2023.

                      3. At this stage, learned counsel appearing on behalf

          of the State and representing the respondent no. 5 i.e. Bhartiya

          Rail Bijlee Company Ltd. jointly submit that petitioner should

          have approached the Collector of the district under Section 64 of

          the Act (supra) for getting the matter referred to the appropriate

          authority for settlement of his claims.

                      4. In view of the aforesaid submissions made on

          behalf of the respective counsel representing all the parties, this

          writ application is disposed off with liberty to the petitioner to

          file an application duly supported by relevant document under

          Section 64 of the Act before the District Magistrate-cum-

          Collector, Aurangabad within a period of two weeks henceforth

          and the District Magistrate-cum-Collector, Aurangabad will

          refer such an application so filed on behalf of the petitioner
              Patna High Court CWJC No.9409 of 2026(2) dt.03-07-2026
                                                          3/3




                        within 30 days as mandated in law to the appropriate authority

                        for disposal of the claims of petitioner.

                                    5. Accordingly, this writ application is disposed off in

                        aforesaid terms.

                                    6. Interlocutory application(s), if any, also stands

                        disposed off accordingly.



                                                (Rana Vikram Singh, J)
Saurabh.kr/
Prakash-

U


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