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2009 Supreme(Jhk) 812

D.N.PATEL
Eastern-Central Railway – Appellant
Versus
Ashok Kumar Verma – Respondent


Advocates appeared:
For the Petitioners: Mr. Mahesh Tewari.

Order

Learned counsel appearing for the Railway authorities-Govt. of India, submitted that the Permanent Lok Adalat Dhanbad has decided the dispute on merits without the consent of the present petitioners which is totally de hors the provisions of Legal Services Authorities Act, 1987 (hereinafter referred to as 'the Act, 1987') and it is also submitted, by the learned counsel for the petitioners .that Permanent Lok Adalat, Dhanbad has lost sight of the fact that they are not Judges, and they cannot wear the robe of the court from the very beginning. Their primary role is of conciliator and not of an adjudicator, otherwise for adjudication various civil courts are available. Parties are never going to the Permanent Lok Adalats for getting decision on merits. There is no power, jurisdiction and authority vested in the Permanent Lok Adalat to decide the Issues on merits without consent of the present petitioners. The learned counsel for the petitioners relied upon the decision rendered by Hon’ble Supreme Court, reported in 2008(2) SCC 660 and 2008(7) SCC 454 and 2008(3) JLJR 513 as well as a decision rendered by this Court in Writ Petition (C) No. 1449 of 2008* judgment dated 9th Apri









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