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Patna High Court

Kamdev YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed in the same terms as the Kumar Ohm order, and no fresh mandamus is granted.

Summary

The petitioner, Kamdev Yadav, filed a writ petition seeking a mandamus directing the authorities to refer his case to the competent court for enhancement of compensation under Section 64 of the RFCTLARRA, 2013, invoking the precedent set in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023). The petitioner argued that his case should be decided in line with the earlier order which directed the District Magistrate‑Collector of Aurangabad to consider the matter and refer it to the LARRA, Gaya. The State counsel raised no objection to applying the earlier decision. The Court examined the earlier judgment and found no reason to depart from it, noting that the same factual matrix and legal issue of compensation parity were involved. Consequently, the Court disposed of the present writ petition in the same terms as the Kumar Ohm order, effectively denying a fresh mandamus and directing reliance on the prior direction.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing the authorities to refer his case for enhanced compensation under Section 64 of the RFCTLARRA, 2013.
  • Whether the earlier order in Kumar Ohm v. State of Bihar (CWJC No. 2743 of 2023) is binding on the present petition.

Legislation cited

Subjects

  • writ of mandamus
  • land acquisition
  • compensation enhancement
  • Section 64
  • RFCTLARRA
  • parity and consistency
  • LARRA

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9782 of 2026
                 ======================================================
                 Kamdev Yadav son of Parmeshwar Yadav, resident of Village Narayanpur, PS
                 NTPC 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 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
                 For the Respondent/s     :      Mr. Standing Counsel (9)
                 For the BRBCL            :      Mr. Amaresh Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-07-2026                    Heard Mr. Aniruddh Kumar Verma, learned counsel

                   for the petitioner and learned State counsel.

                               2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “for issuance of writ of mandamus

                                        commanding and directing to the concerned

                                        authority to refer the case before the Competent

                                        Court   on   the   point    of    enhancement       of

                                        compensation in light of the order dated

                                        12.07.2023 passed in CWJC No.2743 of 2023

                                        and several other cases that have been referred

                                        to the Competent Court on the ground of parity
            Patna High Court CWJC No.9782 of 2026(2) dt.07-07-2026
                                                        2/2




                                         and consistency.”

                                  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)
vinayak/-

U


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