2018 Supreme(AP) 319
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. Nagarjuna Reddy, Gudiseva Shyam Prasad, JJ.
Durgam Rayalingu – Petitioner
Versus
The Chairman Mandal Legal Services Committee, Mancherial, Adilabad District and others – Respondents
Writ Petition No.28621 of 2016
Decided On : 14-06-2018
For the Petitioner: Mr. P. Lakshma Reddy
For the Respondent: Mr. J. Anil Kumar, standing counsel, Mr. Joginipally Sai Krishna
Headnote:
Legal Services Authorities Act, 1987 – Sections 2(1)(d), 19(1),19 to 22 – Quashment of Order – Writ petition is filed for issue of certiorari to quash award, , in P.L. on the file of the Chairman, Mandal Legal Services Committee, District respondent No.1 – Held, . Court is indeed surprised that the Chairmen of the Legal Services Committees who preside over the Lok Adalats, being either Senior Civil Judges or District Judges as the case may be, are acting contrary to the statutory mandate, driving the aggrieved parties to needless litigation before this Court – Court suggest to the Legal Services Authorities of the States of Telangana and Andhra Pradesh to consider the desirability of issuing a Circular apart from sensitizing the Chairmen of the Mandal and District Legal Services Authorities on the true gamut of their powers and functions of the Lok Adalats, to avoid unnecessary litigation – Order Accordingly (Para 9)
C.V. Nagarjuna Reddy, J.
This writ petition is filed for issue of certiorari to quash award, dated 16.03.2013, in P.L.No.6 of 2012 on the file of the Chairman, Mandal Legal Services Committee, Mancherial, Adilabad District respondent No.1.
2. A perusal of the impugned order shows that respondent No.1 Committee, which falls within the definition of Lok Adalat under Section 2(1)(d) of the Legal Services Authorities Act, 1987 (for short the Act) adjudicated P.L.C.No.6 of 2012 on merits and directed the Tahsildar, Mancherial respondent No.2 to take steps to rectify the revenue records with regard to ownership and possession of Ac.1.20 guntas of land in survey No.7/1 of Seetharampallly Village, Mancherial Mandal in consideration of the objection petition, dated 14.11.2011, made by respondent No.4.
3. Mr.P.Lakshma Reddy, learned counsel for the petitioner, has submitted that respondent No.1 Committee has no jurisdiction to adjudicate the dispute on merits in the absence of compromise or settlement reached between the petitioner and respondent No.4.
4. (a) In order to appreciate the above submission, we need to refer to the relevant provisions of the Act.
(b) As per Section 2(1)(d) of the Act, which defines Lok Adalat, Lok Adalat means a Lok Adalat organized under Chapter VI. Sections 19 to 22 of the Act fall under the said Chapter.
(c) Under Section 19(1) of the Act, every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.
(d) Under Sub-Section (5) of Section 19 of the Act, a Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of (i) any case pending before it; or (ii) any matter which is falling within its jurisdiction and is not brought before any Court for which the Lok Adalat is organized.
(e) Section 20 of the Act deals with cognizance of cases by Lok Adalats. Under Sub-Section (1) of Section 20 of the Act, Lok Adalats can take cognizance of a case, where both parties agree or one of the parties makes an application to the Court for referring the case to the Lok Adalat for settlement and if such Court is, prima facie, satisfied that there are chances of such settlement or the Court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the Court shall refer the case to the Lok Adalat.
(f) Under Sub-Section (2) of Section 20 of the Act, notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organizing the Lok Adalat under Sub-Section (1) of Section 19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of Sub-Section (5) of Section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination. Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party.
(g) Under Sub-Section (3) of Section 20 of the Act, where any case is referred to a Lok Adalat under Sub-Section (1) of Section 20 or where a reference has been made to it under Sub- Section (2) of Section 20, the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties.
(h) Under Sub-Section (5) of Section 20 of the Act, where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the Court, from which the reference has been received under Sub-Section (1) of Section 20 for disposal in accordance with law.
(i) Under Sub-Section (6) of Section 20 of the Act, where no award is made by the Lok Adalat