Patna High Court
Ramswarup SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The order dated 03.11.2021 passed by the Bihar Land Tribunal is quashed and set aside for being issued without the requisite judicial member quorum.
Summary
The petitioner filed a writ petition seeking to set aside several orders of the Circle Officer and an order dated 03.11.2021 passed by the Bihar Land Tribunal in B.L.T. Case No.165/2021. The petitioner argued that the Tribunal order was invalid because it was passed by an Indian Administrative Service officer rather than a judicial member, relying on the Supreme Court’s decision in State of Gujarat v. Utility Welfare Association (2018) 6 SCC 21. The High Court examined the requirement that a land tribunal must sit with a proper quorum chaired by a judicial member. Finding the petitioner’s submission persuasive, the Court quashed the Tribunal’s order and remitted the matter back to the Tribunal for reconsideration by a duly constituted bench. Consequently, the writ petition was disposed of.
Issues considered
- Whether the order passed by the Bihar Land Tribunal on 03.11.2021, issued by an IAS officer, complies with the statutory requirement of a judicial member quorum.
- Whether the petitioner is entitled to relief in the form of certiorari/mandamus to set aside the Tribunal’s order.
Subjects
- writ jurisdiction
- certiorari
- mandamus
- land tribunal
- quorum
- judicial member
- mutation
- land reforms
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20990 of 2021
======================================================
Ramswarup Sharma Son of Late Sukhdev Sharma Resident of Sukharghat,
Ward No.7, Shiv Mandir, P.S.-Rafwara, District-Madhepura, 852210.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
revenue and Land Reforms, Government of Bihar Old Secretariat, Bailey
Road, Patna-800015.
2. The Additional Collector, District-Bhagalpur.
3. The Deputy Collector Land Reforms, Naugachia, District-Bhagalpur.
4. The Circle Officer, Circle-Narayanpur P.S.-Bihpur, District-Bhagalpur.
5. Jagat Pati Jha Son of Bachas Pati Jha Resident of Village-Bhramarpur, P.S.-
Bihpur, District-Bhagalpur, Presently residing at 29-1 Rajan Wood
Apartment, Third Main Sultan Palya, R.T. nagar, Bengaluru Karnataka, Pin-
560032.
6. Lalitha Jha Widow of Late Sanjeev Kumar Jha Resident of Village-
Bhramarpur, P.S.-Bihpur, District-Bhagalpur, Presently residing at Mohalla-
Adampur Kali gati Lane, Adampur Ghat, P.S.-Adampur, District-Bhagalpur-
812001
7. Rajmani Jha Son of Late Sanjeev Kumar Jha Resident of Village-
Bhramarpur, P.S.-Bihpur, District-Bhagalpur, Presently residing at Mohalla-
Adampur Kali gati Lane, Adampur Ghat, P.S.-Adampur, District-Bhagalpur-
812001
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha ( SC-19 )
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 20-01-2026 Heard Mr. Sunil Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Rishi Raj Sinha,
learned SC-19 for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:
Patna High Court CWJC No.20990 of 2021(3) dt.20-01-2026
2/3
"For issuance of writ of certiorari or
mandamus or any other writ/writs, order/ direction
for setting aside the following order:
(A) Order passed by the Circle Officer
Narayanpur dated 28.12.2017 passed in Mutation
Case No. 513/2017-18.
(B) Order passed by the Circle Officer
Narayanpur dated 16.02.2018 passed in Mutation
Case No. 731/2017-18.
(C) Order passed by the Circle Officer
Narayanpur dated 25.06.2018 passed in Mutation
Case No. 101/2018-19.
(D) Order passed by the Hon'ble Bihar
Land Tribunal, Patna dated 3.11.2021, passed in
B.L.T. Case No. 165 of 2021."
3. At the outset, learned counsel appearing on behalf
of petitioner submitted that the order dated 03.11.2021 passed
by the Bihar Land Tribunal in B.L.T. Case No.165/2021 is not
sustainable, as the same has been passed by the member who is
the Officer of the Indian Administrative Service and in this
regard, he has relied upon a judgment passed by the Apex Court,
in the case of State of Gujarat Vs. Utility Welfare Association,
reported in (2018) 6 SCC 21.
4. Considering the aforesaid submission and in light
of the law laid down by the Apex Court in the case of Utility
Welfare Association (supra), the matter is remitted back to the
Bihar Land Tribunal for its reconsideration by proper quorum,
which is required to be chaired by the judicial member. The
order dated 03.11.2021 passed by the Bihar Land Tribunal in
B.L.T. Case No.165/2021 is quashed and set aside.
Patna High Court CWJC No.20990 of 2021(3) dt.20-01-2026
3/3
5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U
Checking your session…