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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, ANUROOP SINGHI
District Transport Officer, Hanumangarh, Tehsil And District Hanumangarh (Rajasthan) – Appellant
Versus
Banwarilal S/o Shri Ratiram – Respondent
| Table of Content |
|---|
| 1. pla's jurisdiction is limited; tax matters are outside its scope. (Para 10 , 11) |
| 2. writ petition allows for quashing of pla's order. (Para 12) |
Order :
2. The present writ petition has been filed against the judgment and award dated 01.10.2018 passed by the Permanent Lok Adalat, Hanumangarh in case No.17/2018.
4. Learned counsel for the petitioner vehemently submits that PLA lacks jurisdiction to entertain the application filed by the respondent No.1 with respect to the levy of the tax assessable on the vehicles purchased by him in the auction. Learned counsel further submits that the subject matter of taxation, as raised before the PLA does not fall within the ambit of Section 22A (b) of the Legal Services Authorities Act, 1987 (hereinafter referred as ‘the Act of 1987’). He further submits that imposition of tax on the vehicles plied in the State of Rajasthan does not come within the ambit of the “Public Utility Services” as mentioned in Section 22A (b) of the Act of 1987. He, therefore, submits that the PLA acted without jurisdiction in entertaining the application filed by the respondent No.1 for charging of the tax on the vehicles as per the rates prevailing in
The Permanent Lok Adalat lacks jurisdiction to determine tax matters which do not fall under public utility services as defined by the Act.
Permanent Lok Adalat cannot grant decrees for adoption, as its jurisdiction is limited to public utility services only.
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....
The Permanent Lok Adalat lacks jurisdiction to adjudicate matters involving the issuance of patta, as such disputes necessitate a full legal process that includes determining complex civil rights.
The court established that the definition of public utility service does not encompass contractual transport services provided to the State, thus not qualifying for adjudication under the Act of 1987....
Permanent Lok Adalat has jurisdiction to adjudicate compensation claims under the Motor Vehicles Act after conciliation efforts fail, affirming its authority and established processes.
Point of Law : Section 88 of RERA prescribes that provisions of RERA shall be in addition to and not in derogation of provisions of any other law for time being in force.
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