The judgment establishes the court's power to remand a matter back to Lok Adalat and emphasizes the limitations of Lok Adalat's adjudicatory function.

The petitioner seeks to quash the order passed by the Permanent Lok Adalat, Patna dated 9.9.2008 on the ground that it has been filed on the basis of a forged and false affidavit purportedly signed by the husband of the writ petitioner. The then Patna Improvement Trust had allocated House No. L-2/19 in the name of late Ramdeo Prasad Singh, the father-in-law of the writ petitioner on 26.3.1962. After his death the house was transferred in the name of late Sachidanand Singh, husband of the writ petitioner by the then Patna Regional Development Authority (now the Patna Municipal Corporation). The said transfer was made through an agreement dated 4.3.1996. Respondent No. 3, Renu Jha was allowed to live in the said house by late Sachidanand Singh.

2. Late Sachidanand Singh fell sick and was being treated for his illness at Mahavir Cancer Sansthan. Ultimately he died due to Cancer on 8.10.2008 leaving behind his wife and three sons. It is the case of the opposite party that during his life time, apparently late Sachidanand Singh had applied for permission to sell his property i.e. the flat in dispute to Renu Jha, respondent no. 3 and the said permission is said to have been granted on 30.10.2001 by the Patna Regional Development Authority. The petitioner contends that the said letter of permission bearing the signature of her husband is a forged signature, prepared by respondent no. 3 in order to surreptitiously grab the property i.e. the flat by paying a pittance in lieu of the said transfer.

3. The cause of action arose when respondent no. 3 moved an application before the Permanent Lok Adalat in which it has been pleaded that she lives with her husband in Flat No. L-2/19. It is her case that being satisfied by her husband?s contribution in performing Puja and doing all other religious and social functions, Late Sachidanand Singh had transferred the property for a token amount to her. Now that late Sachidanand Singh has died she fears that there may be some dispute raised by his wife and sons regarding the said transfer and, therefore, has made a prayer that the Lok Adalat may issue notices to the parties and settle the matter in order to avoid further litigation. It has also been pleaded that on various dates as per the direction of late Sachidanand Singh, she has paid a sum of Rs. 5,75,000/- to the eldest son of late Sachidanand Singh namely Jitendra Singh in front of her husband and other witnesses.

4. A counter affidavit has been filed in which it has been stated that the writ application is not maintainable in view of the fact that late Sachidanand Singh had appeared in person before the Permanent Lok Adalat and had filed an affidavit sworn by him accepting the fact that he had decided to transfer the house in question to Renu Jha on a token amount in lieu of the services rendered by her husband, who used to look after the religious and spiritual rights and functions of Late Sachidanand Singh. It is said that the land was given by way of „Brahman Dakchhina?. It is accepted by Renu Jha that Late Sachidanand Singh was suffering from Cancer and was undergoing treatment at Mahavir Cancer Sansthan, despite which, he was able to appear before the Lok Adalat on the date so fixed.

5. This Court while hearing this matter called for the original records in this case. At the outset it may be clarified that the Permanent Lok Adalat has not been constituted under Section 22 of the Lok Adalat Act. However, in each judicial district, there is Lok Adalat which runs like a permanent Court. Therefore, there should not be any confusion on this aspect of the matter.

6. On going through the records, this Court finds there is a notarized affidavit by late Sachidanand Singh in which he has purportedly accepted that he had sold House No. L-2/19 situated in Mohalla Krishnapuri which measures 1078 Sq. ft. and has a house built on the aforesaid area. Along with the house he has accepted that he has transferred 413 Sq. ft. of open land to Renu Jha