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SANDEEP KUMAR
Lallan Pandey – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J. – This application has been filed for setting aside the award dated 27.09.2005 passed by the Permanent Lok Adalat, Rohtas at Sasaram, in Partition Suit No. 502 of 2005, by which the suit property has been partitioned between the petitioners and the private respondents on the basis of a compromise petition entered between the parties.
2. The case of the petitioners is that petitioner no.1 is a practicing lawyer based in Patna and most of time he used to stay in Patna. The petitioner no.2 is the only son of petitioner no.1. The brother of the petitioner no.1 i.e. respondent no.2 decided to partition their property in half-half share as they both were full brothers and the property was to be divided between them only. In view of the aforesaid decision of partition, the petitioner no.1 along with respondent no.2 filed Partition Suit No.502 of 2005 in Permanent Lok Adalat for partition. As there was a settlement between the parties, the petitioner no.2 and his son i.e. petitioner no.2 were called by the respondent no.2 in the Civil Court at Rohtas and it was represented to them that the compromise petition has been prepared dividing the ancestral property into half-half
The Lok Adalat lacked jurisdiction to entertain property disputes, rendering its Award invalid due to improper consent and unequal distribution of property.
The Permanent Lok Adalat lacks jurisdiction over property disputes not involving public utility services, and awards obtained through fraud are void.
The main legal point established in the judgment is that the award of the Lok Adalat is final and binding on all parties to the dispute, and the only remedy available to challenge the award is by fil....
The Permanent Lok Adalat lacks jurisdiction over non-public utility services and its awards are null if not grounded in proper jurisdiction as per the Legal Services Authorities Act.
The Permanent Lok Adalat lacks jurisdiction over disputes not directly related to public utility services, and procedural fairness, including the right to cross-examine, is essential for valid adjudi....
A Permanent Lok Adalat cannot entertain disputes if the applicant has previously approached other courts regarding the same matter, as it lacks jurisdiction.
The Permanent Lok Adalat has jurisdiction to entertain and determine disputes relating to public utility services, including pension services, under Section 22C(1) of the Legal Services Authorities A....
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