Krishna Lal vs The Permanent Lok Adalat

Ms. Nirmaljit Kaur, J.—The present petition has been filed against the order dated 20.03.2012 passed by the Permanent Lok Adalat vide which the Permanent Lok Adalat has directed the petitioner to deposit amount of Rs.80,000/- towards the demand raised by the respondent-department and directed the parties to appear before the Settlement Committee for adjudication.

Learned counsel for the petitioner while praying for setting aside the order submitted that as per Section 22C (8) of the Rajasthan Legal Services Authority Act, the Lok Adalat has the jurisdiction to decide the dispute in case no settlement is arrived at between the parties under sub section (7) of Section 22C but cannot direct the party to deposit the amount before adjudicating the dispute.

In the present case, the matter has been referred to the Settlement Committee with a direction that in the meanwhile, the petitioner should deposit amount of Rs.80,000/- which is beyond the jurisdiction of the Legal Services Authority Act.

Learned counsel for the respondent does not dispute the legal position.

Accordingly, the writ petition is allowed and the order dated 20.03.2016 directing the petitioner to deposit Rs.80,000/- at this stage without adjudicating the dispute is set aside and the Permanent Lok Adalat shall proceed to adjudicate the dispute in question while exercising powers under Section 22C 8 of the Rajasthan Legal Services Authorities Act.