PIYUSH GUPTA Vs. SUMAN

JUDGEMENT

(1.) This writ petition is directed against the order dated 13.04.2012 whereby the petitioner's preliminary objection regarding maintainability of application before Permanent Lok Adalat has been rejected.

(2.) Learned counsel for the petitioner contended that under the Act the Permanent Lok Adalat can only consider, whether a dispute can be settled by conciliation or not but where it is not possible the Permanent Lok Adalat cannot adjudicate the dispute on merits. He placed reliance on Apex Court's judgement in State of Punjab and others Vs. Phulan Rani and another, 2004 3 AWC 2586; State of Punjab and another Vs. Jalour Singh and others, 2008 AIR(SC) 1209and a Single Judge judgement of this Court in Smt. Jai Devi Hans Vs. Smt. Beena Singh and others, 2005 AIR(All) 349.

(3.) The aforesaid judgements referred to the provisions of Legal Services Authorities Act, 1987 (hereinafter referred to as the "Act, 1987") prior to its amendment made in 2002 hence have no application to this case. After the amendment of Act, 1987 power of Permanent Lok Adalat in relation to adjudication has already been settled by Apex Court and the said decision has been followed by this Court also.