DALVINDER SINGH Vs. PERMANENT LOK ADALAT AND OTHERS

JUDGEMENT

(1.) This petition is filed in order to challenge the validity of the order of the Permanent Lok Adalat (PUS), Sirsa dated 29.7.2016 issuing a restraint order at the initial stage of the proceedings initiated on an application filed under Section 22-C of the Legal Services Authority Act, 1987 (for short, 'the Act').

(2.) Counsel for the petitioner has submitted that respondent No.5 filed an application under Section 22-C of the Act for the purpose of settlement of his dispute with his brother's grandson (petitioner). The Permanent Lok Adalat recorded the following order, which is impugned herein:-

(3.) Counsel for the petitioner has submitted that the permanent Lok Adalat has acted without jurisdiction in passing the impugned order as no such power flows from any of the provisions much less Section 22-C of the Act. It is further submitted that at the initial stage when the application under Section 22-C of the Act is filed, the Permanent Lok Adalat has to first act as a conciliator before turning to its role of an adjudicator. It is further submitted that had it been a case where the parties had failed to reach to an agreement in terms of Section 22(C)(7) of the Act and the Permanent Lok Adalat had acquired the jurisdiction to decide the dispute on merits, then the matter would have been altogether different but at the threshold, the PLA had no jurisdiction to pass such an order.