LAWS(JHAR)-2011-6-1

SANDIP EKKA Vs. SELESTA KERKETA

Decided On June 27, 2011
SANDIP EKKA Appellant
V/S
SELESTA KERKETA Respondents

JUDGEMENT

(1.) The present petition has been preferred against the order passed by the Per manent Lok Adalat, Simdega in M.J.C. Case No. 28 of 2008 dated 27th July, 2009 mainly on the ground that the Permanent Lok Adalat has no power, jurisdiction and authority to decide the dispute between the parties, on merits, since never any consent in writing was given by the petitioner before the Permanent Lok Adalat.

(2.) Moreover, learned counsel for the petitioner has relied upon Section 22-C of the Legal Services Authorities Act, 1987 and has pointed out that there is gross violation of Section 22-C(4) as well as Section 22-C(7 & 8) of the Act, 1987 and, therefore, the award passed by the Permanent Lok Adalat, Simdega deserves to be quashed and set aside.

(3.) Learned counsel for the petitioner has relied upon the decisions rendered by this Court, as Eastern-central Railway v. Ashok Kumar Verma, 2009 4 JLJR 129 as well as in B S N L v. State of Jharkhand, 2008 3 JLJR 513 and submitted that in view of the aforesaid decisions also, the Permanent Lok Adalat has no power, jurisdiction and authority to decide the dispute between the parties and is not supposed to adjudicate the dispute, without there being any consent by the parties, in writing.