JUDGEMENT
P.P. Bhatt, J. -
(1.) HEARD the learned counsel for the parties and perused the papers. The petitioners, by way of filing the present petition under Article 227 of the Constitution of India, have prayed for quashing the order dated 27.8.2010 passed by learned Sub -ordinate Judge, 1st Class, Chatra and also for quashing the order dated 28.8.2010 passed by the Bench of Lok Adalat, Chatra, whereby, the petitioners filed application dated 17.4.2012 with prayer to issue direction to the pleader commissioner for proceeding to prepare final decree which has been disposed of dated 23.2.2008 in capacity of Member of Mega Lok Adalat after filing of compromise petitioner both the parties agreed bearing Partition Suit No. 2/2008 but learned Sub -Ordinate Judge, 1st Class, Chatra has not rectified and sent the matter before Mega Lok Adalat on the point of jurisdiction.
(2.) AFTER hearing the learned counsel appearing for the parties, it appears that settlement was arrived between the parties and the compromise/settlement was recorded by the Lok Adalat, Chatra in its order dated 23.2.2008. It also appears that the Conciliation Bench was constituted and one of the member of the Bench was Smt. Indu Sinha. From perusal of letter dated 21.3.2012 (annexed with supplemental affidavit) written by Chetna Bharati, Chatra (a Registered Society under Societies Registration Act 1860 XXI) addressed to Sub -Judge -cum -Dy. Secretary, District Legal Services authority, Chatra, it appears that Smt. Indu Sinha could not participate in the said Lok Adalat on account of her personal difficulties and her place, Smt. Kanchan Devi was deputed for the purpose of participating in the said Lok Adalat as a Conciliator.
(3.) UNDER the circumstances, it appears that the settlement arrived at between the parties cannot be referred back to the Lok Adalat on that reason because ultimately the settlement has taken place and it has been signed by the conciliators, who were present in the Bench of said Lok Adalat. So far as the absence of Smt. Indu Sinha and present of Smt. Kanchan Devi are concerned, it is also evident form letter dated 21.3.2012.;
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