Kanti Devi vs Shanti Devi & Ors on 21 June, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No.9513 of 2011

                                        KANTI DEVI
                                           Versus
                                     SHANTI DEVI & ORS
                                         -----------

2. 21.06.2011 Heard the learned counsel for the petitioner.

This writ application has been filed against the

order dated 16.4.2010 passed by the Permanent Lok

Adalat in Misc. Case No. 7 (M) of 2008 whereby the

petition filed by the petitioner for recall of the order and

award dated 14.8.2007 passed in Case No. 849 (D) of

2006 has been rejected.

The learned counsel for the petitioner

submitted that the petitioner has also got share in the

property, which have been divided between the parties

before the Lok Adalat and an award has been passed.

The petitioner was not made party in the said

proceeding before the Lok Adalat. In such view of the

matter, the petitioner filed an application before the Lok

Adalat to recall the said order and award passed by the

permanent Lok Adalat which has been rejected by the

impugned order. The learned counsel further submitted

that if the impugned order and award of the permanent

Lok Adalat is not set aside grave injustice would

occasion and the petitioner shall suffer serious loss and

irreparable injury.

From perusal of the impugned order it appears
2

that permanent Lok Adalat has observed that the

permanent Lok Adalat has got no jurisdiction either to

review or recall the order and award passed by the said

Court. The learned counsel for the petitioner is unable

to show any provision in the Legal Service Authority Act

which empowers the Lok Adalat to exercise either

review power or inherent power. In such view of the

matter, in exercise of power under Article 227 of the

Constitution of India no direction can be given to the

permanent Lok Adalat for an inquiry in the matter.

However since the petitioner herself has stated

that she is not a party to the award passed by the Lok

Adalat, she may if so advised approach before

appropriate forum by filing appropriate proceedings and

get her title declared as the award will not be binding

on her.

With the above observations, this writ

application is dismissed.

S.S.                                    (Mungeshwar Sahoo,J.)