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2023 Supreme(Pat) 1034

IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No. 19121 of 2016
(7.4.2023)
Indu Devi & Anr. ... Petitioners
vs.
State of Bihar & Ors. ... Respondents

Advocates Appeared:
For the Petitioners: M/s Ebrahim Kabir, Shruti Sinha.
For the Respondents: Mr. Sanjeet Kumar Singh, AAG 6.

Headnote:

Legal Services Authorities Act, 1987 – Section 22C – Challenge to award passed by Permanent Lok Adalat in Pre-litigative Civil Case – Petitioners have not alleged that any fraud has been played to obtain Order and award in question – There is no ground on which award of Lok Adalat can be set aside – In absence of petitioners having alleged any fraud to have been committed by any of parties in obtaining impugned award, writ petition dismissed. (Paras 5 and 6)

Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 05.01.2009, passed by the Ld. Court of Permanent Lok Adalat, Muzaffarpur as also the award dated 05.01.2009, passed in Pre-litigative Civil Case no. 516 of 2008.

2. The brief facts of the case, according to the petitioners, are that the petitioners are nieces of one Sobhit Rai. It is stated that the uncle of the petitioners namely Sobhit Rai was unmarried and the private respondents herein i.e. the respondents no. 5 to 7 had a bad eye on the properties of the said Sobhit Rai and taking advantage of old age and infirmity, they had got some land gifted in their favor in the year, 2006, however, the said Sobhit Rai had desired to give 55 decimals of land to the petitioners, who were looking after him, an idea which was not liked by the private respondents and their family members, hence, they used to quarrel with the petitioners and their family members with a view to grab the land of the said Sobhit Rai, instead of the same being given to the petitioners. It is the further case of the petitioners that ultimately, the private respondents had filed a Pre-litigative Civil Case no. 516 of 2008, before the Ld. Court of Permanent Lok Adalat, Muzaffarpur for declaration of their right, title and possession over the properties mentioned in the Schedule thereto. Subsequently, it appears that a compromise petition was filed by the private respondents and the said Sobhit Rai and the aforesaid Civil case was disposed of in terms of the compromise petition, whereafter, an award dated 05.01.2009 was prepared.

3. The learned counsel for the petitioner has submitted that the order and award dated 05.01.2009, passed by the Permanent Lok Adalat, Muzaffarpur is bad in law and is against the provisions and objectives of the Legal Services Authority Act. It is further submitted that the petitioners were looking after the aforesaid Sobhit Rai and he wanted to give 55 decimals of land to the petitioners but the private respondents circumspectly filed the aforesaid Pre-litigative Case no. 516 of 2008 and entered into a compromise, leading to the aforesaid order and award dated 05.01.2009 being passed by the Permanent Lok Adalat, Muzaffarpur.

4. Per contra, the learned counsel appearing for the respondents no. 1 to 4 has submitted that firstly, the present writ petition is barred by gross delay and laches, inasmuch the present writ petition has been filed after lapse of about 08 years of passing of the order and award dated 05.01.2009. Secondly, it is submitted that admittedly, the property in question belonged to the aforesaid Sobhit Rai, who was the exclusive owner of the property in question, hence, the petitioners do not have any locus to lay their claim over the property in question. It is contended that the simple facts of the case are that a Prelitigative Civil Case no. 516 of 2008 was filed by the private respondents before the Permanent Lok Adalat, Muzaffarpur, wherein it was stated that they had been looking after the said Sobhit Rai as their father and managing his entire affairs, who had acquired the property in question by virtue of sale deed dated 04.01.1956 and was in exclusive possession of the said property apart from the fact that in the revisional survey, the name of the said Sobhit Rai had also been recorded qua the property mentioned in Schedule 1 of the said petition, whereafter final revisional survey khatiyan was also been prepared which also contains the name of the said Sobhit Rai as the owner of the property in question. It is next contended that a bare perusal of the order/ award dated 05.01.2009, passed in Pre-litigative Civil Case no. 516 of 2008, by the Permanent Lok Adalat, Muzaffarpur would show that a joint compromise petition was filed both by the private respondents and the opposite party of the said case i.e. Sobhit Rai, who were then examined and cross- examined on affidavit filed by them in support of the compromise petition,

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