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Patna High Court

Lallan Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the District Magistrate‑Collector must consider the petition under Section 64 of the RFCTLARR Act, 2013 and refer it to LARRA, Gaya, resulting in the disposal of the writ petition.

Summary

Petitioner Lallan Prasad 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 RFCTLARR Act, 2013 and that the authority dispose of it within the period prescribed in Section 60(4). The petitioner urged the Court to follow the earlier coordinate‑bench order in Kumar Ohm v. State of Bihar, which had directed the same magistrate to consider the matter under Section 64 and refer it to LARRA. The State counsel raised no objection. The Court noted the earlier order and, finding no contrary circumstance, directed the District Magistrate to act in accordance with Section 64 of the RFCTLARR Act and refer the matter to LARRA, Gaya, thereby disposing of the writ petition.

Issues considered

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

Legislation cited

Subjects

  • Land acquisition
  • RFCTLARR Act
  • Section 64
  • Section 60
  • LARRA
  • Writ petition
  • District Magistrate
  • Coordination bench precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9659 of 2024
                 ======================================================
                 Lallan Prasad Singh Son of Subedar Singh, Resident of Village - Pirauta, P.S.-
                 Nabinagar, District - Aurangabad (Bihar).

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secreatry, 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. Vyas Kumar Mishra, Adv.
                 For the Respondent/s     :      Mr. Manoj Kumar Ambastha- SC 26
                                                 Mr. Subodh Kumar, AC to SC-26
                 For resp. no. 5          :      Mr. Amaresh Kumar Sinha, Adv.
                                                 Mr. Vaibhav Narayan, Adv.
                                                 Ms. Deeksha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   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
           Patna High Court CWJC No.9659 of 2024(2) dt.20-04-2026
                                                       2/2




                                     to dispose the same within stipulated period as per

                                     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


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