Patna High Court
Israel Azad @ Israel AjadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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