ESTATE OFFICER Vs. COLONEL H.V. MANKOTIA (RETIRED)

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order dated 30.11.2013 passed by the High Court of Madhya Pradesh, Bench at Indore in Writ Petition No. 8074 of 2011 by which in a Lok Adalat held on 30.11.2013, the members of the Lok Adalat has entered into the merits of the writ petition and has dismissed the said writ petition preferred by the appellant on merits, the original writ petitioner has preferred the present appeal.

(2.) That the appellant herein filed a writ petition before the High Court being Writ Petition No.8074 of 2011. The matter was listed on 30.11.2013 before the Lok Adalat. By the impugned order, the members of the Lok Adalat held by the High Court entered into the merits of the writ petition and dismissed the same on merits, which is the subject matter of the present appeal.

(3.) Shri Vikramjit Banerjee, learned ASG appearing on behalf of the appellant has vehemently submitted that the impugned order has been passed in the Lok Adalat and the Lok Adalat, Madhya Pradesh High Court has considered the case on merits and dismissed the same on merits, which is wholly impermissible in view of the relevant provisions of the Legal Services Authorities Act, 1987 (hereinafter referred to as "the Act, 1987 "). Shri Banerjee, learned ASG has heavily relied upon Section 19(5), Section 20(3) and Section 20(5) of the Act, 1987 in support of his submission that a Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or a settlement between the parties to a dispute and has no jurisdiction to enter into the merits of the case and decide the matter on merits, in case the settlement is not arrived at. It is submitted, therefore, that the impugned order passed by the Lok Adalat, Madhya Pradesh High Court is wholly without jurisdiction. Reliance is placed upon the decision of this Court in the case of State of Punjab and Ors. Vs. Ganpat Raj (2006) 8 SCC 364.