Patna High Court
Ram Bilas YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The order dated 07‑07‑2025 passed by the Bihar Land Tribunal is quashed and set aside for being decided without the required judicial member quorum.
Summary
A group of petitioners, all Yadavs from Village‑Kolh, filed a writ petition challenging several orders of revenue authorities, notably an order dated 07‑07‑2025 passed by the Bihar Land Tribunal (BLT) that dismissed their application to interfere with revenue orders. They contended that the BLT order was invalid because it was decided by an Administrative Member (an IAS officer) without the presence of 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 submission, held that the BLT must sit with a proper quorum chaired by a judicial member, and consequently quashed the 07‑07‑2025 order. The matter was remitted to the BLT for reconsideration, and the writ petition was disposed of.
Issues considered
- Whether an order of the Bihar Land Tribunal passed by an Administrative Member without a Judicial Member is valid.
- Whether the Supreme Court precedent in State of Gujarat v. Utility Welfare Association applies to the composition of the Land Tribunal.
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.548 of 2026
======================================================
1. Ram Bilas Yadav Son of Late Shanichar Yadav,
2. Mahendra Yadav, Son of Late Parmeshwar Yadav,
3. Vijay Kumar Yadav, Son of Late Parmeshwar Yadav,
4. Surendra Prasad, Son of Late Guru Yadav @ Guru Sharan Yadav,
5. Birendra Prasad, Son of Late Guru Yadav @ Guru Sharan Yadav,
6. Suresh Yadav, Son of Late Ram Dohin Yadav,
7. Lalan Yadav, Son of Late Tunnu Yadav,
8. Sube Yadav, Son of Late Tunnu Yadav,
9. Ram Sharma Yadav @ Satyandra Yadav, Son of Late Baleshwar Yadav,
10. Ram Shraya Yadav, Son of Late Baleshwar Yadav, R
11. Mithilesh Yadav, Son of Late Baleshwar Yadav,
All are Resident of Village-Kolh, Police Station-Khizarsarai, District-Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The District Magistrate, Gaya, District-Gaya.
3. The Additional Collector, Gaya, District-Gaya.
4. The Deputy Collector, Land Reforms, Neem Chak Bathani, District-Gaya.
5. The Circle Officer, Khizarsarai, District-Gaya.
6. Kailash Yadav, Son of Late Shiv Nandan Yadav, Resident of Village-Kolh,
Police Station-Khizarsarai, District-Gaya.
7. Rajendra Yadav, Son of Late Ramkishun Yadav, Resident of Village-Kolh,
Police Station-Khizarsarai, District-Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tejaskar Anand, Advocate
Ms. Arpana Kumari, Advocate
For the Respondent/s : Mr. Mujtabaul Haque, GP 12
Mr. Vasant Vikas, AC to GP 12
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 29-01-2026 Heard Mr. Tejaskar Anand along with Ms. Arpana
Kumari, learned counsels appearing on behalf of the petitioners
Patna High Court CWJC No.548 of 2026(2) dt.29-01-2026
2/3
and Mr. Mujtabaul Haque, learned GP 12 along with Mr. Vasant
Vikas, learned AC to GP 12 for the State.
2. Petitioners have inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
“(I) For issuance of writ in the nature of
certiorari setting aside the order dated 07-07-2025 passed
in BLT Case No.557 of 2023 passed by Sri Ashok Kumar
Chauhan, Member (Administrative), the Bihar Land
Tribunal, Patna whereby and whereunder he has been
pleased to dismiss the application refusing to interfere into
any of the impugned order/s passed by any of the Revenue
authorities namely the Circle Officer, Khizarsarai, DCLR,
Neemchak Bathani and Additional Collector, Gaya.
ii. For issuance of writ of certiorari setting
aside the order dated 24-04-2023 passed in Mutation
Revision No.10/2015-16 passed by Additional Collector,
Gaya whereby and whereunder the Additional Collector,
Gaya has been pleased to drop the proceeding in view of
the earlier order passed on 28-01-2023 in Jamabandi
cancellation Case No.28/15-16 and also for setting aside
the order dated 28-01-2023 passed in Jamabandi
Cancellation Case No.28/15-16 passed by Additional
Collector, Gaya.
Iii. For issuance of writ in the nature of
mandamus directing the respondents to comply with the
order dated 31-03-15 passed in Mutation Appeal Case
No.06/2014-15 passed by learned DCLR, Neemchak
Bathani, Gaya whereby the order of mutation dated 06-12-
12 passed by the learned Circle Officer, Khizarsarai, has
already been set aside and for affirming the same by this
Hon’ble Court.
iv. For issuance of any other appropriate writ(s)
or order(s) or direction(s) which may be deemed fit and
proper in the facts and circumstances of the case.”
3. At the outset, learned counsel appearing on behalf
of petitioners submitted that the order dated 07.07.2025 passed
by the Bihar Land Tribunal in B.L.T. Case No.557 of 2023 is
not sustainable, as the same has been passed by the member
who is the Officer of the Indian Administrative Service and in
Patna High Court CWJC No.548 of 2026(2) dt.29-01-2026
3/3
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 07.07.2025 passed by the Bihar Land Tribunal in
B.L.T. Case No.557 of 2023 is quashed and set aside.
5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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