The central legal point established is that the reference to Lok Adalat must have the consent of both parties, and Lok Adalat is not a forum for adjudication but for settlement amicably.

D. V SHYLENDRA KUMAR, J.

( 1 ) THE authorities who are functionaries of the State and who are entrusted with power to grant what is known as a Caste certificate, certifying the community to which a person belongs to, are the petitioners in this Writ Petition. The 1st respondent is the person in whose favour such a certificate was sought for and the 2nd respondent to the Writ Petition is the Principal Civil Judge, Junior Division, Jamkhandi.

( 2 ) THE brief facts leading to the petition are : The 1st respondent had filed Original Suit No. 196/98 before the Principal Civil Judge, (Junior Division), Jamakhandi, for a declaration about his caste that he belongs to a particular community and for consequential mandatory injunction for rectification of the records to this effect. It appears that the 1st respondent's community as indicated in the official records is Hindu Lingayat. The 1st respondent had filed the suit for a declaration that he belongs to Hindu Ganig and for the consequential mandatory injunction to the petitioners who were the defendants in the said suit for rectification of the Register indicating that he belongs to the caste Hindu Ganig. The suit was pending before the Trial Court. The defendants contested the suit and the Trial Court had also framed the issues. However by an order dated 17-11-1999 it appears the Trial Court referred the suit to Lok Adalat for settlement and disposal having purporting to be under the provisions of sections 20 and 21 of the Karnataka Legal Services Authorities Act 1987 (hereinafter referred to as the 'act' ).

( 3 ) SRI Sreenivasagowda, the learned Government Advocate appearing for the petitioners has contended that the defendants in the first instance had not consented for the transferring of the suit to the Lok Adalat on the terms that there was likelihood of the suit being settled or compromised and he submitted that the suit was being contested and the Trial Court had also framed issues.

( 4 ) EVEN without such consent the suit has been referred to the Lok Adalat. The proceedings of the Lok Adalat are indicated as per Annexure-A to the Writ Petition and it makes very strange reading, to say the least. The Lok Adalat, it appears has proceeded as thought it has determined the issues and the subject matter of the suit on merits, has discussed the evidence in the context of the various Exhibits that has been placed by the respondent before the Court and has come to a conclusion that the respondent belongs to Hindu Ganig community and not Hindu Lingayat. Hence the suit deserves to be allowed. The order also records that : "the suit is decreed that the plaintiff belongs to Hindu Ganig and the defendants shall rectify the same in the records of the plaintiff within two months. If he fails to rectify the same, the plaintiff shall proceed to file the execution petition for further relief. The suit is decreed in part. Draw decree accordingly. No cost. "

( 5 ) THE subsequent recording in the same order makes more strange reading. It records that some of the defendants were present, that they were not agreeable to sign the said order and in the circumstances particularly when the AGP indicated that unless he receives instructions from his client-Govt. he cannot agree for such a course of action and for such purpose it appears the Lok Adalat directed the learned A. G. P. to receive necessary administrative sanction and render valuable assistance to the Lok Adalat for speedy disposal on or before 4 months from that day.

( 6 ) IT is not clear as to this direction and observations have been made by the Lok Adalat in the context of other cases pending before it or in the very case; one aspect is very clear that Lok Adalat has not acted in conformity with the requirements of section 20 of the Act. The Lok Adalat is a forum constituted for resolving disputes by way of settlement amicably. It is only if the parties agree to a settlement, the Lok Adalat gets jurisdiction to pass an award with their con

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