- (1.) THE present petition has been preferred against the order passed by the Permanent Lok Adalat, Hazaribag in P.L.A. Case No. 21 of 2010 dated Nth January, 2011 mainly on the ground that the Permanent Lok Adalat has no power, jurisdiction and authority to decide the dispute between the parties, on merits, since never any consent in writing was given by the petitioner before the Permanent Lok Adalat.
(2.) MOREOVER, learned counsel for the petitioner has relied upon Section 22-C of the Legal Services Authorities Act, 1987 and has pointed out that there is gross violation of Section 22-C (4) as well as Section 22-C (7 & 8) of the Act, 1987 and, therefore, the award passed by the Permanent Lok Adalat, Hazaribag deserves to be quashed and set aside. Learned counsel for the petitioner has also relied upon several decisions including the decision rendered by this Court in W.R (C) No. 2477 of 2008 decided on 26th April, 2010 and submitted that in view of the aforesaid decision also, the Permanent Lok Adalat has no power, jurisdiction and authority to decide the dispute between the parties and is not supposed to adjudicate the dispute, without there being any consent by the parties, in writing. Notice for final disposal of this writ petition upon the respondent was issued by this Court on 6th May, 2011 and the affidavit has been filed by the officer of the petitioner that the respondent has refused to accept the notice of this Court.
(3.) IN view of this affidavit dated 13th May, 2011, it appears that the respondent is served. Having heard learned counsel for the petitioner and looking to the award passed by the Permanent Lok Adalat, Hazaribag in P.L.A. Case No. 21 of 2010, it has been held that the case is maintainable before the Permanent Lok Adalat. The petitioner has objected about the jurisdiction and authority of the Permanent Lok Adalat. It appears from the ratio laid down in the aforesaid case that the Permanent Lok Adalat has no power, jurisdiction and authority to decide the dispute, on merits without there being any consent by the petitioner The predominant role of the Permanent Lok Adalat is of a conciliator and not of an adjudicator. It has been held by this Court in W.P (C) No. 2477 of 2008 dated 26th April, 2010 that the Permanent Lok Adalat can decide the dispute, on merits only when there is consent, in writing, by the parties, to the dispute. For the reasons stated in the aforesaid writ petition, the order passed by the Permanent Lok Adalat, Hazaribag in P.L.A. Case No. 21 of 2010 dated 14th January, 2011 is, hereby, quashed and set aside.;