Kishore Kumar Mandal, J. - (1.) THE writ application raises a legal question having broad ramifications on the working of the Lok Adalats in the State of Bihar constituted under Legal Services Authority Act, 1987.
(2.) THE petitioners are four sons of Bindeshwari Rai whereas respondent No. 2 is the 5th son of Bindeshwari Rai. Respondent No. 1 is the wife of respondent No. 2. The writ application asserts that Bindeshwari Rai was "Karta" and Manager of the joint family consisting of himself and his successors (sons) till his death. During his life time, he had purchased different properties one of them being 4 Kathas of land situated at Mauja Jadhua Pokhra, Hajipur in the district of Vaishali. Such acquisition was made by Bindeshwari Rai through a registered sale deed dated 30.1.1973. After purchasing the land, "khapra posh" house was constructed in which the joint family lived. Respondent No. 1 filed a pre -litigation case before the Permanent Lok Adalat, Hajipur vide Pre -litigation Case No. 97 of 2006 for passing a decree that the purchaser of sale deed dated 30.1.1973 i.e. Bindeshwari Rai was only benamidar of the applicant and the title of the applicant thereon be declared and she be declared as the real owner. The applicant (father of the writ petitioners and respondent No. 2) was only impleaded as defendant/opposite party in the said proceeding. The Presiding Officer of the Permanent Lok Adalat by order dated 24.3.2006 directed for registration of the case and later by order dated 31.3.2006 admitted the case and issued summons fixing 7.4.2006 for hearing. On 7.4.2006, a compromise is said to have been filed by both the parties of the proceeding which the Lok Adalat accepted and passed the decree/award declaring the father -in -law of the applicant as the benamidar and the applicant the real owner of the land covered by the sale deed. In some other proceeding relating to the subject land, it was revealed to the writ petitioners in 2010 that a decree/award was so passed by the Lok Adalat whereafter the present writ petition has been filed for passing an appropriate order/direction writ/writs to quash the award of the Lok Adalat dated 7.4.2006. No counter affidavit has been filed on behalf of the respondents.
(3.) HEARD Mr. Jashawir Singh Arora for the petitioners and Mr. Hemendra Prasad Singh for the respondents.;