Rupdi Devi v. District Legal Authority (Lok Adalat)
2016-12-01
N.PAUL VASANTHAKUMAR, TASHI RABSTAN
body2016
DigiLaw.ai
JUDGMENT : N. Paul Vasantha Kumar, J. 1. This L.P. appeal is preferred against the order made in OWP No. 943/2015, dated 09.07.2015 wherein disposal of the appeal by Lok Adalat was challenged. The writ Court upheld the said order on the basis of statement of the appellant which was allegedly recorded by the Lok Adalat Bench. The same is challenged by the appellant by contending that without consent either from the appellant or from her counsel, the matter was taken to the Lok Adalat. On an earlier occasion, when the matter was listed, the District Legal Services Authority was directed to verify and report as to whether the consent was obtained from the petitioner or her counsel. The said authority gave reply to the Member Secretary, J & K Services Legal Authority stating that the record has already been sent to this Court. When the matter was called on 30.11.2016, the Member Secretary, J & K State Legal Services Authority was directed to go through the record and file a statement after finding out as to whether the appellant was given reasonable opportunity of being heard at the time of referring the matter to Lok Adalat or during the time of Lok Adalat. The Member-Secretary, J & K State Legal Services Authority has given the report which reads thus:- ................... Conclusion, From the interim orders of the record file it reveals that there is no whisper of this fact that appellant was personally heard in terms of proviso to the Section 19 of Legal Services Authority Act read with regulation 19(3)1 of Legal Services Authority (Lok Adalat) Regulations, 2010 before referring the appeal to Lok Adalat." 2. In light of the endorsement by the Member-Secretary, the appellant was not given reasonable opportunity of being heard at the time of referring the matter to Lok Adalat, the award passed by the Lok Adalat which was upheld by the Writ Court cannot be sustained. Hence the appeal is allowed and the award passed by the Lok Adalat is set aside and the matter is directed to be taken up by the Additional Deputy Commissioner, Kishtwar for early disposal after issuing notice to parties. No costs.