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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Aditya Narayan Thakur, Son Of Rameshwar Thakur – Appellant
Versus
Parasnath Thakur, S/o Late Shambhunath Thakur – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Ankit Kumar, learned counsel for the petitioners, Mr. Shahid Yunus, learned counsel for opposite party nos. 1 and 2 and Mr. Suraj Singh, learned counsel for opposite party no.3.
2. This petition has been filed under Article 227 of the Constitution of India praying therein to quash the award dated 27.08.2010 passed by Permanent Lok Adalat, Deoghar in P.L.A. Case No. 42/2010 (Kartik Nath Thakur vs. Rameshwar Thakur & Ors.). The further prayer is made to declare the award dated 27.08.2010 void, nullity in the eyes of law and not binding against the petitioners as it is fraudulently and collusively executed between the parties to debar the petitioners from their ancestor properties.
3. Mr. Ankit Kumar, learned counsel for the petitioners submits that the land and properties appertaining to Jamabandi No.7 of Mouza Amarwa, Thana No.530 within Police Station Mohanpur, Sub-Division and District-Deoghar along with Jamabandi No.8, Mouza Agiya, Thana No.527, within Police Station Mohanpur, Sub-Division and District- Deoghar are the subject matter for the present petition. He further submits that the said properties are ancestor, non-transferrable r
The Permanent Lok Adalat lacks jurisdiction over property disputes not involving public utility services, and awards obtained through fraud are void.
Point of Law : Challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very....
Lok Adalat compromise decrees, though final under Section 21, can be set aside in writ jurisdiction if vitiated by fraud like non-service of summons and misrepresentation to illiterate disabled party....
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.
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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