GAJANAND PRASAD KESHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred against the order passed by the Permanent Lok Adalat, Garhwa vide order dated 25th September, 2008 in P.L.A. Case No. 10 of 2008, which is at Annexure - 3 to the memo of the present petition and it is submitted by learned counsel for the petitioner that Permanent Lok Adalat has no power, jurisdiction and authority to decide the dispute on merits. Catena of decisions has been rendered by this Court, which are reported in 2008 (3) JLJR 513, 2009 (3) JCR 374 : AIR 2009 (NOC) 2632 : 2009 (2) AIR Jhar R 970 and 2009 (4) JCR 455. Never any consent has been taken by the petitioner before passing decision on merits of the dispute by the Permanent Lok Adalat. Prime duty of the Permanent Lok Adalat is of conciliator and not of adjudicator. Permanent Lok Adalat cannot wear a rob of the Court. This aspect of the matter has not been properly appreciated by the Permanent Lok Adalat and, hence, the order passed by the Permanent Lok Adalat deserves to be quashed and set aside.

(2.) I have heard learned counsel for the respondent - State, who has submitted that no error has been committed by the Permanent Lok Adalat in deciding the dispute on merits, looking to sub-section (8) of S.22 - C of the Legal Services Authorities Act, 1987 and, therefore, the present petition deserves to be dismissed.

(3.) AS a cumulative effect of the aforesaid facts, reasons and judicial pronouncements, I hereby quash and set aside the order passed by learned Permanent Lok Adalat, Garhwa vide order dated 25th September, 2008 in P.L.A. Case No. 10 of 2008 (Annexure - 3 to the memo of the petition).