ASSISTANT EXECUTIVE ENGINEER/ SUB-DIVISIONAL OFFICER (ELECTRICAL), BERHAMPUR Vs. PRASANT KUMAR SAHU & ANR

JUDGEMENT

(1.) Heard Sri P.K.Mohanty, leaned senior counsel for the petitioner, Sri S.Tripathy, learned counsel for O.P.1, and Sri S.N.Mishra, learned Additional Government Advocate appearing for O.P.2.

(2.) This writ application has been filed assailing the impugned order passed by the Permanent Lok Adalat for Public Utility Services, Ganjam at Berhampur involving P.L.A.Case No.93/2013 under Annexure-8.

(3.) Assailing the impugned order, Sri Mohanty, learned senior counsel for the petitioner, contended that in view of clear bar in Section 22C of the Legal Services Authorities Act, 1987, even though the petitioner had not challenged the initiation of the proceeding, vide Annexure-4, but the proceeding taken up under Annexure-8 was also not maintainable. Referring to the provision under Section 22C of the Legal Services Authorities Act and further referring to the decision rendered by the Hon'ble apex Court in U.P.Power Corporation Ltd. & Others v. Anis Ahmad, 2013 AIR(SC) 2766, Sri Mohanty, learned senior counsel, contended that in spite of a clear restriction under the Legal Services Authorities Act, 1987 and even after the High Court's and the Hon'ble apex Court's direction in such matters not to entertain the application concerning the statutory authorities having scope of adjudication under the special statute, the Legal Service Authority is going on entertaining such applications. Under the circumstance, Sri Mohanty, learned senior counsel for the petitioner, prays that the proceeding, vide Annexure-8 itself was bad, consequently, any order passed therein also becomes bad and thus, requests this Court for interfering in he initiation of the proceeding so also the impugned order and setting aside the same.