Patna High Court
Kameswar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The petitioners must file an application under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 before the District Magistrate‑cum‑Collector, who will then refer the matter to the appropriate authority.
Summary
Petitioners Kameswar Ram and Surendra Ram filed a writ petition seeking a direction under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to have their land‑acquisition claims referred to the appropriate authority. The respondents, including the State of Bihar and the District Magistrate‑cum‑Collector, argued that the petitioners must first approach the Collector under the statutory provision. The Court, referring to a prior order in C.W.J.C. No.2743 of 2023, held that the writ cannot be entertained directly and directed the petitioners to file an application under Section 64 with the Collector within two weeks. The Collector was instructed to refer the application to the appropriate authority within 30 days as mandated by law. Accordingly, the writ petition was disposed of, granting the petitioners liberty to pursue the statutory remedy.
Issues considered
- Whether a writ petition can be entertained directly for referral of land‑acquisition claims, or the petitioners must first invoke Section 64 of the 2013 Act before the District Magistrate‑cum‑Collector.
Legislation cited
Subjects
- Land acquisition
- Section 64
- Right to Fair Compensation Act
- Writ jurisdiction
- Referral to appropriate authority
- Petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9501 of 2026
======================================================
1. Kameswar Ram, son of Parmeshwar Ram, Resident of Village Mangabar,
Police Station-Nabinagar, District - Aurangabad.
2. Surendra Ram, son of Parmeshwar Ram, Resident of Village- Mangabar,
Police Station-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, 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 Bijalee Company 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 Roay, S.C. - 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.9501 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.9501 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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