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Patna High Court

Bigu PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must file an application under Section 64 before the District Magistrate‑cum‑Collector, who shall refer the matter to the appropriate authority within the period prescribed by law.

Summary

Petitioner Bigu Paswan 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 Court noted a prior order in C.W.J.C. No. 2743 of 2023 directing similar matters to be dealt with under the same provision. Counsel for the State and the railway joint‑venture argued that the petitioner should first approach the District Magistrate‑cum‑Collector under Section 64. The Court disposed of the writ, granting the petitioner liberty to file an application under Section 64 before the Collector within two weeks, and directing the Collector to refer the application to the appropriate authority within 30 days. All interlocutory applications, if any, were also disposed of.

Issues considered

  • Whether the writ petition can be disposed by directing the petitioner to approach the District Magistrate‑cum‑Collector under Section 64 of the 2013 Act for referral of his claim.

Legislation cited

Subjects

  • Land acquisition
  • Section 64
  • Right to Fair Compensation Act
  • Writ jurisdiction
  • District Collector
  • Appropriate authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.9434 of 2026
                 ======================================================
                 Bigu Paswan, Son of Late Narayan Paswan, Resident of Village Dhundhya,
                 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. Jitendra Kumar Roy-I, S.C. 13
                                                  Mr. U. R. Singh, A.C. to S.C. - 13
                 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
Patna High Court CWJC No.9434 of 2026(2) dt.03-07-2026
                                            2/3




          necessary reference to the appropriate authority for settling the

          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
              Patna High Court CWJC No.9434 of 2026(2) dt.03-07-2026
                                                          3/3




                        refer such an application so filed on behalf of the petitioner

                        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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