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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Urban Improvement Trust, Bikaner – Appellant
Versus
Poonam Chand S/o Hazari Mal Surana – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to issuance of patta. (Para 1 , 2) |
| 2. facts regarding application for patta. (Para 4) |
| 3. statutory provisions for permanent lok adalat. (Para 5) |
| 4. distinction between administrative functions and consumer services. (Para 6) |
| 5. limits of pla's jurisdiction in civil matters. (Para 7 , 8) |
| 6. pla exceeded jurisdiction in granting patta. (Para 9) |
| 7. writ petition allowed; order of pla quashed. (Para 10 , 11 , 12) |
ORDER :
1. The instant writ petition under Articles 226 and 227 of the Constitution of India has been instituted by the petitioner-trust assailing the order dated 17.01.2018 passed by the Permanent Lok Adalat, Bikaner, whereby directions have been issued for grant of patta in favour of the respondent.
2. Briefly stated the facts of the case are that the respondent had filed an application under Section 22B of the Legal Services Authorities Act, 1987 (hereinafter to be referred as “The Act of 1987”) seeking issuance of patta in respect of a plot comprised in Khasra Nos. 546/547 and also paid compensation, alleging deposit of conversion charges.
2.1 The petitioner-Trust, in its reply, specifically pleaded that the land in question had not been mut
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.
Permanent Lok Adalat cannot grant decrees for adoption, as its jurisdiction is limited to public utility services only.
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....
Permanent Lok Adalat lacks jurisdiction to adjudicate disputes without mutual consent and must facilitate settlement instead of mimicking formal court proceedings.
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....
Permanent Lok Adalat jurisdiction limited to pre-litigation public utility service disputes; mandatory conciliation required before merits adjudication, irrespective of party non-appearance.
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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