A tribunal's decision is unsustainable due to quorum issues, necessitating reconsideration by the proper authority.

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 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)