The court allowed an application amending relief to quash an award by the Permanent Lok Adalat, Rohtas, holding that such bodies lack jurisdiction over private property and land disputes involving partition.
The award dated 31.1.2006 passed by the Permanent Lok Adalat, Sasaram was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8344 of 2011
====================================================== 1. Saroj Kumar Son Of Sri Ram Bharat Singh Resident Of Village Kalyanpur, P.O. Silari, P.S. Karghar, District Rohtas. .... .... Petitioner/s Versus 1. The State Of Bihar Through The Secretary, Separtment Of Law, Govt. Of Bihar, Patna. 2. The Member, Permanent Lok Adalat, Rohtas At Sasaram. 3. Rajesh Kumar Singh S/O Sri Bhagwan Singh Resident Of Village + P.O. Ghorgahar, District Rohtas. 4. Parwati Devi D/O Sri Bhagwan Singh, W/O Sri Upendra Kumar Singh Resident Of Village Samardihan, P.O. Marden Rai (Pipari), P.S. Karagarh, District Rohtas. 5. Seema Devi D/O Sri Bhagwan Singh, W/O Sri Surendra Singh Resident Of Village & P.O. Baraki Akorhi, P.S. Karahar, District Rohtas. 6. Sanju Devi D/O Sri Bhagwan Singh, W/O Sri Pintu Roy Resident Of Village & P.O. Barki Akorhi, P.S. Karaghar, District Rohtas. 7. Pushpa Devi D/O Sri Bhagwan Singh, W/O Sri Bijendra Singh Resident Of Village Phakila, P.O. Silari, P.S. Karagahar, District Rohtas. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Raghunanda Kumar Singh, Mr. Sudhir Kumar Thakur For the Respondent/s : Mr. Shashi Bhushan Kr. SC-7 With Kumar Pankaj, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 6 19-09-2013 Reg:- I.A. No. 6802 of 2013 This is an application for amending the relief sought for in the main application so as to add relief for quashing of the order dated 31.1.2006 passed in Case No. 799 (D) of 2005 by the Permanent Lok Adalat. I.A. No. 6802 of 2013 is allowed and accordingly relief as sought in I.A. No. 6802 of 2013 is also being considered
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in the present application.
CWJC No. 8344 of 2011
In spite of service of notice upon respondents, they
have chosen not to appear.
This application has been filed seeking quashing of the order/award dated 19.4.2011 passed in Misc. Case No. 1(M) of 2011 by so-called Permanent Lok Adalat,Sasaram ( Rohtas) whereby a Miscellaneous case filed by the petitioner for rescinding the award dated 31.1.2006 in case No. 799(D) of 2005 has been rejected. By way of amendment, the award dated 31.01.2006 has also been challenged as without jurisdiction.
It appears from the application filed by Respondent no.3 before Permanent Lok Adalat which has been annexed as Annexure-2 to this application from which it appears that respondent no.2 sought for partition of the joint family property and other ancillary relief on the basis of an alleged compromise. The impugned award dated 31.1.2006 was passed, accordingly by the said Permanent Lok Adalat. The petitioner filed Misc. Case No. 1(M) of 2011 before the said Permanent Lok Adalat, seeking review/recall of the award asserting that the award was obtained fraudulently without any notice to him.
Without going into the merits of the contention as
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to whether any fraud was committed or not, I am of the view that the permanent Lok Adalat, Sasaram, even if it existed, did not have any jurisdiction to entertain any dispute other than the disputes relating to public utility services as has been held by this Court in CWJC No. 2283 of 2013 ( Vishundeo Prasad Singh Vs. Ashish Kumar and ors) dated 1.8.2013. A Permanent Lok Adalat cannot entertain private dispute between the parties as regards land disputes and property disputes etc. Permanent Lok Adalat does not have the jurisdiction over such subject matter. The award/ impugned order, therefore, cannot be sustained and is accordingly set aside.
This application is allowed.
(Chakradhari Sharan Singh, J)
Arun Kumar/-
1 issue framed by the court
Whether the Permanent Lok Adalat, Sasaram, had jurisdiction to pass an award on private property and land disputes.
Colour shows how this judgement treated each authority
Vishundeo Prasad Singh Vs. Ashish Kumar and orsApplied¶12
CWJC No. 2283 of 2013 (Vishundeo Prasad Singh Vs. Ashish Kumar and ors) dated 1.8.2013
Saroj Kumar
The State of Bihar
Rajesh Kumar Singh
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
