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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, PARTHA SARTHY
Rameshwar Chaubey, Son of Late Radha Mohan – Appellant
Versus
State of Bihar through the Collector, Buxar – Respondent
| Table of Content |
|---|
| 1. background of property dispute and lok adalat proceedings. (Para 3 , 4 , 5) |
| 2. arguments concerning appealability of lok adalat awards. (Para 6 , 10 , 12) |
| 3. court's reasoning on jurisdiction and maintenance of rights. (Para 7 , 8 , 9 , 14 , 20 , 21 , 22) |
| 4. clarification on rights of third parties in lok adalat. (Para 13 , 15 , 16 , 18 , 19) |
| 5. conclusion to revive and decide the writ petition. (Para 23 , 24 , 27 , 29 , 30) |
JUDGMENT :
Ashutosh Kumar, ACJ.
Heard the learned counsel for the parties.
2. The challenge in this appeal is to the judgment dated 24.02.2009 passed in C.W.J.C. No. 2395 of 2009, whereby the writ petition preferred by the appellant was dismissed with an observation that it would be open for the appellant to seek appropriate relief by filing a Title suit.
3. The records reveal that a Title suit was filed by respondent No. 6 in which the appellant was not impleaded, though he was a necessary party; but respondent No. 13 was impleaded. The matter was referred to the Lok Adalat, where on the basis of a compromise, an award was passed, which substantially and directly affected the title of the appellant.
4. The background facts necessary for disposal of th
Parties not involved in Lok Adalat proceedings can challenge the award in High Court under Article 227, especially if their rights are adversely affected.
Point of Law : If any party wants to challenge such an award based on settlement, it can be done only by filing a petition under Article 226 and/or Article 227 of the Constitution, that too on very l....
Objection to execution of decree – Statutory finality attached to Lok Adalat award leaves no room for appellate or plenary civil remedy against the award treated as a decree – Award may be executed a....
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
A writ petition challenging a compromise decree entered before Lok Adalat by non-impleaded necessary parties is maintainable due to allegations of fraud and procedural irregularity.
The finality and binding nature of awards passed by Lok Adalat, and the prohibition on filing suits to set aside a decree based on a compromise.
Lok Adalat awards under Section 22-E are final and binding; challenges barred by laches after unexplained delay.
The award of Lok Adalat is final and binding, challengeable only through writ petitions under Articles 226 and 227, not in Civil Court.
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.
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