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2019 Supreme(Pat) 1944

JYOTI SARAN, ARVIND SRIVASTAVA
Raj Mangal Raut Ramani – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Mahesh Narayan Parbat, Devendra Kumar, Ranjit Kumar Thakur, Pramod Kumar Verma.
For the Respondents: Mr. Nachiketa Jha.
For the State : Mr. Satyabir Bharti, Alok Chandra.

JYOTI SARAN, J.:–Heard Mr. Mahesh Narayan Parbat, learned Senior Counsel appearing for the appellants-writ petitioners with the assistance of Mr. Ranjit Kumar Thakur, Advocate on record. The respondent no. 1 is represented through Mr. Satyabir Bharti and the private respondents, who were the party to the pre-litigation before the Lok Adalat are represented through Mr. Nachiketa Jha.

2. This intra-Court appeal arises from the judgment and order of a learned Single Judge dated 14.09.2016 passed in CWJC No. 12990/2014 whereby a challenge to the award passed by the permanent Lok Adalat, Muzaffarpur has not been interfered with leaving it open for the parties to take recourse to civil law remedy that may be available to them for resolving the dispute so raised.

3. Mr. Parbat, learned Senior Counsel has been very brief on his submission to partly accept the advice of the learned Single Judge in so far as the issue of recovery of possession is concerned but while making such concession he submits that the learned Single Judge in the process has not expressed any opinion on the challenge to the validity of the award which was neither sustainable on merits nor on exercise of jurisdiction. It

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