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2023 Supreme(Chh) 304

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Arshad Ahmad, S/o Late I. A. Zanjani – Appellant
Versus
State of Chhattisgarh (Deleted) – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Sunil Kumar Soni, Advocate.
For the Respondents:Mr. Raja Sharma, Advocate, Mr. Prasun Kumar Bhaduri, Advocate.

ORDER :

Sanjay K. Agrawal, J.

1. The short question involved in this writ appeal is, whether in absence of one non-judicial member of the Permanent Lok Adalat (Public Utility Services) established under Section 22B(2) of the Legal Services Authorities Act, 1987 (for short, ‘the Act of 1987’), the Permanent Lok Adalat (Public Utility Services) consisting of Chairman and other non-judicial member can adjudicate the dispute and pass a valid award under Section 22E(3) of the Act of 1987?

2. The aforesaid question has fallen for consideration in the following factual backdrop: -

3. The Permanent Lok Adalat (Public Utility Services), Bilaspur, in Case No.12/2019 (Arshad Ahmad v. Executive Engineer, uxj laHkkx&2] if'pe CSPDCL and another) passed an award on 10-11- 2021 under Section 22A of the Act of 1987 consisted of a Chairman of the Permanent Lok Adalat and a non-judicial member which came to be challenged by the petitioner herein by way of W.P.(C)No.5022/2021 on the ground of jurisdiction that the Permanent Lok Adalat (Public Utility Services) did not have proper and full quorum under Section 22B(2) of the Act of 1987, but that was dismissed by the impugned order by the learned Single Ju

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