Sita Ram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18605 of 2023 ====================================================== 1.

Sita Ram Chaudhary Son of Bhadola Chaudhary, Resident of village - Dhundhua, P.S. - Khadha Pirauta, District - Aurangabad (Bihar). 2.

Shiv Govind Chaudhary, Son of Bhadola Chaudhary, Resident of village - Dhundhua, P.S. - Khadha Pirauta, District - Aurangabad (Bihar). 3.

Awdhesh Chaudhary, Son of Bhadola Chaudhary, Resident of village - Dhundhua, P.S. - Khadha Pirauta, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Bihar, Patna.

2.

The Director, Driectorate 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, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha ( Sc 19 ) For the Resp No. 5 :

Mr. Amaresh Kumar Sinha, Advocate Mr. Vaibhav Narayan, Advocate Ms. Deeksha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-03-2026 Mr. Anirudh Kumar Verma, learned counsel for the petitioners submit that he shall be removing the defect(s) pointed out by the office.

2. Heard Mr. Anirudh Kumar Verma, learned counsel for the petitioners and the State.

3. The present petition has been preferred for the following relief(s):

Patna High Court CWJC No.18605 of 2023(2) dt.31-03-2026 2/3 "for direction to the authority concerned particularly to Respondent No. 3 to refer the matter before LARA, 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 to dispose the same within stipulated period as per Section 60(4) of the RTFCLARR, 2013."

4. Learned counsel for the petitioners, 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.

5. Learned State counsel has no objection to it.

6. 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.

Patna High Court CWJC No.18605 of 2023(2) dt.31-03-2026 3/3 With this observation and direction, the present Writ Petition stands disposed off."

7. In that background, the aforesaid writ petition is also disposed of in the same term allowing the petitioners to approach the District Magistrate-cum-Collector, Aurangabad who shall be taking up the matter and act as per the order passed in Kumar Ohm (supra) case.

(Rajiv Roy, J) Adnan/- U