LAHURA BAI Vs. CHIEF GENERAL MANAGER

JUDGEMENT

(1.) The short question involved in this writ petition is whether Permanent Lok Adalat established under Sec. 22B of the Legal Services Authorities Act, 1987 (for brevity the "Act of 1987") has plenary jurisdiction to grant a decree for declaration relating to adoption or its jurisdiction is confined purely to the "public utility service", as defined under sub-sec. (b) of Sec. 22A of the Act of 1987 ?

(2.) The aforesaid question cropped up for consideration in the following factual background:-

(3.) Return has been filed by the respondents-SECL, inter alia, stating that the Permanent Lok Adalat has no authority and jurisdiction to pass a decree/declaration to the effect that Gautam Prasad Patel is the adopted son of the petitioner for the reasons that: (i) at the time of adoption, the age of Gautam Prasad Patel was more than 15 years and, therefore, according to sub-sec. (iv) of Sec. 10 of the Hindu Adoption and Maintenance Act, 1956 (for short the "Act of 1956"), he was not capable of being adopted and (ii) the jurisdiction of the Permanent Lok Adalat is only confined to the "public utility service" and, for the purpose of declaratory decrees, the power has been exclusively vested on the Civil Court by virtue of Sec. 34 of the Specific Relief Act, 1963 (for short the "Act of 1963") and said jurisdiction could not have been exercised by the Permanent Lok Adalat, as has been done in the present case. As such, the respondent-SECL has rightly rejected the claim of the petitioner and, therefore, the present writ petition deserves to be dismissed.