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SAUMITRA DAYAL SINGH
Executive Engineer, Dakshinanchal Vidyut Vitaran Nigam Limited – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saumitra Dayal Singh, J.
Heard Sri Alok Mishra, learned counsel for the petitioners and learned Standing Counsel for the State.
2. Present writ petition has been filed by the Distribution Corporation. It arises from the award of the Permanent Lok Adalat, Kasganj dated 17.1.2022 passed in Case No. 46 of 2021 (Smt. Pinki Yadav v. Executive Engineer, Electricity Distribution Division, Urban, Prabhu Park, Kasganj and another. The petitioners also seek to assail the constitutional validity of Section 22-A(b)(iii) of Legal Services Authorities Act, 1987 (hereinafter referred to as the 'impugned Act').
3. During the course of hearing, submissions were advanced as to the validity issues. Merit issues giving rise to the award have not been questioned.
4. Submission of learned counsel for the petitioners is, the Electricity Act, 2003 (hereinafter referred to as the 'Act') with the U.P. Electricity Supply Code, 2005 (hereinafter referred to as the 'Code') read together, constitute the special law to deal with all challenges that may arise to any assessment order or demand raised under those Acts. Thus, referring to Section 135 of the Act and Clause 6.5 of the Code, it has been submitted
Lok Adalat cannot perform any adjudicatory function in terms of Section 20 of LSA Act – Permanent Lok Adalat would proceed to adjudication of a dispute on its merits only after attempting and failing....
Section 22(C) determine jurisdiction of Permanent Lok Adalat and it adumbrate that the Permanent Lok Adalat shall exercise jurisdiction in respect of any matter relating to an offence, which is compo....
The Permanent Lok Adalat can decide a dispute only after following the procedure outlined in Section 22C of the Legal Services Authorities Act, 1987.
The central legal point established in the judgment is that the principles of natural justice, objectivity, fair play, equity, and other principles of justice as outlined in Section 22D of the Legal ....
The Permanent Lok Adalat does not have jurisdiction to adjudicate disputes arising under the Electricity Act, 2003, as the Act provides a complete mechanism for grievance redressal and bars civil cou....
The Electricity Act, 2003 is a complete code that bars the jurisdiction of the Permanent Lok Adalat in disputes regarding provisional assessments under Section 126.
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....
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