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Patna High Court

Israel Azad @ Israel AjadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order dated 22‑10‑2025 passed by the Bihar Land Tribunal is quashed and set aside.

Summary

Petitioner Israel Azad filed a writ petition seeking to set aside an order dated 22‑10‑2025 passed by the Bihar Land Tribunal (BLT) in case No.734/2024, along with subsequent appellate and revisional orders, and to restore the original order dated 19‑12‑2022. The petitioner 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 applicability of that precedent and held that a proper quorum, including a Judicial Member, is mandatory for BLT decisions. Consequently, the court quashed the impugned BLT order and remitted the matter back to the Tribunal for reconsideration by a duly constituted bench. The petition was thereafter disposed of.

Issues considered

  • Whether an order of the Bihar Land Tribunal passed by an Administrative Member (IAS) without a Judicial Member is valid.
  • Whether the Supreme Court’s ruling in State of Gujarat v. Utility Welfare Association applies to the present case.
  • Whether the appellate and revisional orders based on the impugned BLT order should be set aside.

Subjects

  • Land Tribunal
  • Quorum
  • Judicial Member
  • Administrative Member
  • Writ Petition
  • Quashing Order
  • Mutation
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.923 of 2026
                 ======================================================
                 Israel Azad @ Israel Ajad Son of Late Haji Maqusood Ali R/o- Village and
                 P.S.- Dagarua, District- Purnia.

                                                                             ... ... Petitioner/s

                                                     Versus

           1.    The State of Bihar through Principal Secretary, Land and Revenue Deptt.,
                 Govt. of Bihar.
           2.    The Member Administrative, Bihar Land Tribunal, Patna.
           3.    The Collector, Purnia.
           4.    The Additional Collector, Purnia.
           5.    The Deputy Collector Land Reforms, Biasi, Purnia.
           6.    The Circle Officer, Dagarua, Purnia.
           7.    Md. Sarafarz Alam, S/o Abdul Raqueeb R/o Village- Chamua, P.O. and P.S.-
                 Dagarua, District- Purnia.
           8.    Banti Kumar, S/o Kamaldeo Poddar Resident of Village- Lasanpur, P.O. and
                 P.S.- Dagarua, District- Purnia.

                                                                           ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Radha Mohan Pandey, Advocate
                                                 Mr. Chandra Shekhar Verma, Advocate
                 For the Respondent/s     :      AC to AAG 4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

                                                 ORAL ORDER


2   27-01-2026                      Heard Mr.Radha Mohan Pandey along with Mr.

                   Chandra Shekhar Verma, learned counsels appearing on behalf

                   of the petitioner and AC to learned AAG 4 for the State.

                                 2. Petitioner has inter alia prayed for following reliefs

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

                                              “That this is an application with humble prayer
                                    for issuance of an appropriate writ(s), order(s) or
Patna High Court CWJC No.923 of 2026(2) dt.27-01-2026
                                            2/3




                          direction(s) for setting aside the impugned order dated
                          22.10.2025 passed by the Ld. Member Administrative of the
                          Bihar Land Tribunal, Patna passed in BLT Case
                          No.734/2024 through which said BLT case has been
                          allowed erroneously and illegally and the appellate order
                          dated 19.09.2023 passed by Ld. DCLR, Biasi passed in
                          Mutation Appeal NO.14/2023-24 as well as Revisional
                          order dated 05.06.2024 passed by Ld. Additional Collector,
                          Purnia passed in Mutation Revision No.69/2023-24 has
                          erroneously and illegally been set aside and the original
                          order dated 19.12.2022 passsed by Circle Officer, Dagarua
                          in favour of respondent 2nd set has been restored.”


                      3. At the outset, learned counsel appearing on behalf

          of petitioner submitted that the order dated 22.10.2025 passed

          by the Bihar Land Tribunal in B.L.T. Case No.734 of 2024 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 22.10.2025 passed by the Bihar Land Tribunal in

          B.L.T. Case No.734 of 2024 is quashed and set aside.

                      5. Accordingly, the present application stands
           Patna High Court CWJC No.923 of 2026(2) dt.27-01-2026
                                                       3/3




                     disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U


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