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Patna High Court

Sheela DeviversusThe state of bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, with the petitioners directed to file an application under Section 64 before the District Magistrate‑cum‑Collector, who shall refer the claim to the appropriate authority within thirty days.

Summary

The petitioners, Sheela Devi and Raju Kumar, heirs of the late Devendra Singh, filed a writ petition against the State of Bihar, its land‑acquisition authorities and a joint‑venture railway company, seeking relief under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to have their compensation claims referred to the appropriate authority. The High Court referred to an earlier order in C.W.J.C. No. 2743 of 2023 which dealt with identical issues and directed similar matters to be considered under the same statutory provision. Both the State and the railway company contended that the petitioners must first approach the District Magistrate‑cum‑Collector under Section 64. The Court agreed, disposing of the writ and granting the petitioners two weeks to file an application with the Collector, who is mandated to refer the matter to the appropriate authority within thirty days. The order therefore emphasizes procedural compliance rather than adjudicating the substantive compensation claim.

Issues considered

  • Whether the court can direct the petitioners to approach the District Collector under Section 64 of the 2013 Act for referral of their compensation claim.
  • Whether the writ petition is maintainable without first filing an application under Section 64.

Legislation cited

Subjects

  • Land acquisition
  • Right to Fair Compensation Act
  • Section 64
  • District Collector
  • Writ jurisdiction
  • Compensation claim
  • Resettlement
  • Procedural direction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9436 of 2026
                 ======================================================
           1.     Sheela Devi, Wife of Late Devendra Singh (Awrdee), Resident of Village
                  Khaira, PS NTPC Khaira, Distrcit Aurangabad.
           2.    Raju Kumar, Son of Late Devendra singh, Resident of Village Khaira, PS
                 NTPC Khaira, Distrcit 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. Standing Counsel - 15
                 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
Patna High Court CWJC No.9436 of 2026(2) dt.03-07-2026
                                            2/3




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

          necessary reference to the appropriate authority for settling the

          claims of the petitioners.

                      2. In the case at hand, the petitioners have 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. Petitioners have 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 petitioners 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 their 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 petitioners 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
              Patna High Court CWJC No.9436 of 2026(2) dt.03-07-2026
                                                          3/3




                        and the District Magistrate-cum-Collector, Aurangabad will

                        refer such an application so filed on behalf of the petitioners

                        within 30 days as mandated in law to the appropriate authority

                        for disposal of the claims of petitioners.

                                    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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