Patna High Court

Ram Bachan RaiversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The order dated 29‑01‑2020 passed by the Bihar Land Tribunal is quashed and set aside for being issued without the required judicial member quorum.

Summary

The petitioners, a large group of individuals, filed a writ petition challenging the order dated 29‑01‑2020 passed by the Member (Administrative) of the Bihar Land Tribunal, which dismissed their case and affirmed earlier mutation orders. They contended that the Member, an IAS officer, sat alone without a judicial member, violating the requirement of a proper quorum. Relying on the Supreme Court decision in State of Gujarat v. Utility Welfare Association (2018) 6 SCC 21, the court examined the legality of the Tribunal’s composition. The High Court held that the Tribunal’s order was unsustainable as it was not passed by the requisite quorum chaired by a judicial member. Consequently, the order dated 29‑01‑2020 was quashed and the matter was remitted to the Tribunal for reconsideration, and the petition was disposed.

Issues considered

Whether an order passed by an administrative (IAS) member of the Bihar Land Tribunal without a judicial member is valid.
Whether the lack of proper quorum warrants setting aside the Tribunal’s order.

Subjects

Land Tribunal
Mutation
Writ Petition
Quorum
Administrative Member
Supreme Court Precedent
Quashing Order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.6356 of 2021
     ======================================================
1.    Ram Bachan Rai
2.   Ramashish Rai
     Both sons of Late Sitaram Rai, Resident of Village- Atarauna, Police
     Station- Itarhi, District- Buxar.

                                                               ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Revenue and Land
     Reforms Department, Govt. of Bihar.
2.   Collector, Buxar, District- Buxar.
3.   Deputy Collector, Land Reforms, Buxar, District- Buxar.
4.   Anchal Adhikari, Itarhi, District- Buxar.
5.   Most. Rajpati Devi Wife of Late Ram Suresh Bhagat @ Sukhari Bhagat
     Resident of Village- Atarauna, Police Station- Itarhi, District- Buxar.
6.   Arun Kumar Pal Son of Late Ram Suresh Bhagat @ Sukhari Bhagat
     Resident of Village- Atarauna, Police Station- Itarhi, District- Buxar.
7.   Umesh Kumar Pal Son of Late Ram Suresh Bhagat @ Sukhari Bhagat
     Resident of Village- Atarauna, Police Station- Itarhi, District- Buxar.
8.   Dinesh Kumar Pal Son of Late Ram Suresh Bhagat @ Sukhari Bhagat
     Resident of Village- Atarauna, Police Station- Itarhi, District- Buxar.
9.   Ramesh Kumar Pal Son of Late Ram Suresh Bhagat @ Sukhari Bhagat
     Resident of Village- Atarauna, Police Station- Itarhi, District- Buxar.
10. Indu Devi D/o Late Ram Suresh Bhagat @ Sukhari Bhagat Resident of
    Village- Atarauna, Police Station- Itarhi, District- Buxar.
11. Meena Devi D/o Late Ram Suresh Bhagat @ Sukhari Bhagat Resident of
    Village- Atarauna, Police Station- Itarhi, District- Buxar.
12. Bindu Devi D/o Late Ram Suresh Bhagat @ Sukhari Bhagat Resident of
    Village- Atarauna, Police Station- Itarhi, District- Buxar.
13. Devmuni Devi Wife of Late Ram Naresh Gareri Resident of Village-
    Atarauna, Police Station- Itarhi, District- Buxar.
14. Narendra Kumar Son of Late Ram Naresh Gareri Resident of Village-
    Atarauna, Police Station- Itarhi, District- Buxar.
15. Dharmendra Kumar Son of Late Ram Naresh Gareri Resident of Village-
    Atarauna, Police Station- Itarhi, District- Buxar.
16. Sima Kumari D/o Late Ram Naresh Gareri, Wife of Nand Kumar Gareri
    Resident of Village- Jalalpur, P.O. and Police Station- Jalalpur, District-
    Mirjapur (U.P.).
17. Birendra Prasad Son of Late Ram Bilash Gareri Resident of Village-
    Atarauna, Police Station- Itarhi, District- Buxar.
18. Narendra Prasad Son of Ram Naresh Gareri Resident of Village- Atarauna,
    Police Station- Itarhi, District- Buxar.
Patna High Court CWJC No.6356 of 2021(3) dt.05-02-2026
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  19. Tileshwar Gareri Son of Maksudan Gareri Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  20. Vijay Gareri Son of Late Kamta Gareri Resident of Village- Atarauna, Police
      Station- Itarhi, District- Buxar.
  21. Akshay Gareri Son of Late Kamta Gareri Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  22. Raja Ram Gareri Son of Late Chandra Madho Gareri Resident of Village-
      Atarauna, Police Station- Itarhi, District- Buxar.
  23. Awadhesh Son of Ram Sanehi Gareri Resident of Village- Atarauna, Police
      Station- Itarhi, District- Buxar.
  24. Bachan Gareri Son of Ram Govind Gareri Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  25. Lal Bihari Gareri Son of Ram Govind Gareri Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  26. Gouri Mallah Son of Raj Kumar Mallah Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  27. Gopal Mallah Son of Raj Kumar Mallah Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  28. Bala Mallah Son of Raj Kumar Mallah Resident of Village- Atarauna, Police
      Station- Itarhi, District- Buxar.
  29. Santi Devi @ Lalita Devi W/o Late Bhagwan Mallah Resident of Village-
      Atarauna, Police Station- Itarhi, District- Buxar.
  30. Parmeshwar Choudhary Son of Late Bhagwan Mallah Resident of Village-
      Atarauna, Police Station- Itarhi, District- Buxar.
  31. Kanchan Devi D/o Late Bhagwan Mallah Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  32. Babuniya Devi W/o Late Dasharath Mallah Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  33. Ram Pravesh Choudhary Son of Late Dashrath Mallah Resident of Village-
      Atarauna, Police Station- Itarhi, District- Buxar.
  34. Jag Mohan Chaudhary Son of Late Dashrath Mallah Resident of Village-
      Atarauna, Police Station- Itarhi, District- Buxar.
  35. Buna Mallah Son of Late Dashrath Mallah Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  36. Sunil Chaudhary Son of Late Dashrath Mallah Resident of Village-
      Atarauna, Police Station- Itarhi, District- Buxar.
  37. Chandra Kanta Daughter of Late Dashrath Mallah Resident of Village-
      Atarauna, Police Station- Itarhi, District- Buxar.
  38. Sheela Daughter of Late Dashrath Mallah Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.
  39. Guriya Daughter of Late Dashrath Mallah Resident of Village- Atarauna,
      Police Station- Itarhi, District- Buxar.

                                                              ... ... Respondent/s
         Patna High Court CWJC No.6356 of 2021(3) dt.05-02-2026
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                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Jitendra Prasad Singh, Sr. Advocate
                                                  Mr.Varun Krishna Singh, Advocate
                 For the Res.No.5 to 39 :         Mr.Rajiv Ranjan Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   05-02-2026                   Heard Mr. Jitendra Prasad Singh, learned Senior

                   Advocate along with Mr.Varun Krishna Singh, learned counsels

                   appearing on behalf of the petitioners and Mr. Rajiv Ranjan

                   Kumar Pandey, learned counsel for the State.

                                 2. Petitioners have inter alia prayed for following

                   reliefs in the paragraphs No.1 of the writ petition:-

                                    “That this is an application for issuance of an appropriate
                                    writ/writs setting aside the order/judgment dated
                                    29.01.2020 passed by Member (Administrative) the Bihar
                                    Land Tribunal, Patna in B.L.T.Case No.914 of 2016 by
                                    which case filed by the petitioners has been dismissed and
                                    order of the Collector, Buxar dated 4.6.2012 passed in
                                    Mutation Revision No.58 of 2004 has been affirmed
                                    whereunder and whereby learned Collector set aside the
                                    order dated 26.06.2004 passed by D.C.L.R. in Mutation
                                    Appeal No.35 of 2003-04 setting aside the order of Circle
                                    Officer, Itarhi dated 30.09.2002 passed in Mutation Case
                                    No.754 of 2002-03 and or to grant any other relief or
                                    reliefs for which petitioner is legally entitled in the facts
                                    and circumstances of the case.”


                                 3. At the outset, learned counsel appearing on behalf

                   of petitioners submitted that the order dated 29.01.2020 passed

                   by the Bihar Land Tribunal, Patna in B.L.T. Case No.914 of

                   2016 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
        Patna High Court CWJC No.6356 of 2021(3) dt.05-02-2026
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                  Apex Court, in the case of State of Gujarat Vs. Utility Welfare

                  Association, reported in (2018) 6 SCC 21.

                              4. Considering the aforesaid submissions and in the

                  light of 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 29.01.2020 passed by the Bihar Land Tribunal in

                  B.L.T. Case No.914 of 2016 is quashed and set aside.

                              5. Accordingly, the present application stands

                  disposed of.



                                            (Purnendu Singh, J)
chn/-

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