ORDER : Sanjay Kumar Gupta, J. 1. In this writ petition filed under Article 226 of the Constitution of India read with Section 104 of the Constitution of J & K State, the petitioner inter alia seeks issuance of writ of certiorari quashing the order dated 06.12.2014 passed by respondent Nos. 1 to 3 thereby settling the case in Lok Adalat in absence of the petitioner. 2. It is apt to reproduce the impugned order dated 06.12.2014 as under : "6.12.14 : The instant file has been taken up in National Lok Adalat. Petitioner along with counsel present. Respondent absent and is deliberately avoiding presence in court regularly, being a teacher he should be responsible to understand his accountability to remain present in person or through counsel. But he chose not to be remain present in the National Lok Adalat. This maintenance is hereby enhanced from 4000/- to 10,000/-. Ten thousand from the date of order. Hence the application for enhancement of maintenance is hereby disposed of in National Lok Adalat." 3. Sections 18 and 19 of the Jammu and Kashmir Legal Services Authorities Act, 1997 are reproduced as under: "18. Organization of Lok Adalats.-- (1) The State Authority or District Authority or the High Court Legal Services Committee, or as the case may be, Tehsil Legal Services Committee may organize Lok Adalats as such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.. (2) Every Lok Adalat organised for an area shall consist of such number of-- (a) serving or retired judicial officers; and (b) other persons, of the area as may be specified by the State Authority or the District Authority or the High Court Legal Services Committee, or as the case may be, the Tehsil Legal Services Committee, organizing such Lok Adalats. (3) The experience and qualification of persons referred to in clause (b) of sub-section (2) for Lok Adalats shall be such as may be prescribed by the Government in consultation with the Chief Justice of the High Court. (3) The experience and qualification of persons referred to in clause (b) of sub-section (2) for Lok Adalats shall be such as may be prescribed by the Government in consultation with the Chief Justice of the High Court. (4) Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of-- (i) any case pending before; or (ii) any matter which is falling within the jurisdiction of and is not brought before, any court for which the Lok Adalat is organized: Provided that the Lok Adalat shall have no jurisdiction in respect of any case of matter relating to an offence not compoundable under any Law. 19. Cognizance of cases by Lok Adalats.--(1) Wherein any case referred to in clause (1) of sub-section (4) of section 18,-- (i)(a) the parties thereof agree; or (b) one of the parties thereof makes an application to the Court for referring the case to the Lok Adalat for settlement and if such court prima facie satisfied that there are chances of such settlement; or (ii) the court is satisfied that the matter as an appropriate one to be taken cognizance of by the Lok Adalat, the court shall refer the case to the Lok Adalat: Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties. (2) Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organizing the Lok Adalat under sub-section (I) of section 18 may, on receipt of an application from anyone of the parties to any matter referred to in clause (ii) of sub-section (4) of section 18 that such matter needs to be determined by a Lok Adalat refer such matter to the Lok Adalat, for determination: Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party. (3) Where any case is referred to the Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. (3) Where any case is referred to the Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. (4) Every Lok Adalat shall, while determining any reference before it under this Act, with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles. (5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it, to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law. (6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advise the parties to seek remedy in a court. (7) Where the record of the case is returned under sub-section (5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under sub-section (1)." 4. Further, Regulation 17 of J & K State Legal Services Authority (Lok Adalats) Regulations, 2010, reads as under:- "17. Award.-(1) Drawing up of the award is merely an administrative act by incorporating the terms of settlement or compromise agreed by the parties under the guidance and assistance from Lok Adalat. (2) When both parties sign or affix their thumb impression and the members of the Lok Adalat countersign it, it becomes an award (see a specimen at Appendix-I). Every award of the Lok Adalat shall be categorical and lucid and shall be written in Urdu or in English. It shall also contain particulars of the case, viz, case number, name of Court and names of parties, date of receipt, register number assigned to the case in the permanent register (maintained as provided under Regulation 22) and date of settlement. Wherever the parties are represented by counsel, they should also be required to sign the settlement or award before the members of the Lok Adalat affix their signature. Wherever the parties are represented by counsel, they should also be required to sign the settlement or award before the members of the Lok Adalat affix their signature. (3) In cases referred to Lok Adalat from a Court, it shall be mentioned in the award that the plaintiff or petitioner is entitled to refund of the court-fees remitted. (4) Where the parties are not accompanied or represented by counsel, the members of the Lok Adalat shall also verify the identity of parties, before recording the settlement. (5) Members of the Lok Adalat shall ensure that the parties affix their signatures only after fully understanding the terms of settlement arrived at and recorded. The members of the Lok Adalat shall also satisfy themselves about the following before affixing their signatures- (a) that the terms of settlement are not unreasonable or illegal or one sided; and (b) that the parties have entered into the settlement voluntarily and not on account of any threat, coercion or undue influence. (6) Members of the Lok Adalat should affix their signatures only in settlement reached before them and should avoid affixing signatures to settlement reached by the parties outside the Lok Adalat with the assistance of some third parties, to ensure that the Lok Adalats are not used by unscrupulous parties to commit fraud, forgery, etc." 5. From bare perusal of above quoted relevant provisions of law, it is evident that only those matter can be referred and settled in Lok Adalat, which are referred by both parties and when there is element of settlement; further, no award can be passed by Lok Adalat without hearing parties to the litigation; from bare perusal of Regulation 17, it is evident that for settlement of a case in Lok Adalat, parties have to sign or affix their thumb impressions on settlement and the members of the Lok Adalat has to countersign it, only thereafter it would become an award. 6. Section 19(3) of the Act makes it clear that Lok Adalat shall proceed to dispose of a case or matter and arrive at a compromise or settlement between the parties. Section 19(4) of the 1987 Act provides that while arriving at a compromise or settlement between the parties, Lok Adalat shall be guided by the principles of justice, equity, fair play and other legal principles. The material terms are thus "compromise" and "settlement". Section 19(4) of the 1987 Act provides that while arriving at a compromise or settlement between the parties, Lok Adalat shall be guided by the principles of justice, equity, fair play and other legal principles. The material terms are thus "compromise" and "settlement". The term "compromise" implies some accommodation on each side and is bilateral in nature and means mutual agreement and it is an agreement reached by adjustment of conflicting or opposing claims by reciprocal modification of demands whereas term "settlement" means termination of legal proceedings by mutual consent. 7. In State of Punjab and others vs. Shri Ganpat Raj reported in 2006 (8) SCC 364 while reiterating the earlier view taken in State of Punjab and others vs. Phulan Rani and Anr. reported in 2004 (7) SCC 555 , the Hon'ble Supreme Court has held that no order can be passed by the Lok Adalat, if there is no compromise or settlement between the parties. It has also been held that such compromise or settlement has to be arrived at by taking consent of the parties to the litigation and the Lok Adalat has to verify about the genuineness of the consent so given by the parties. 8. However, in the present case, the aforesaid material aspects appear to be totally lacking as petitioner herein never appeared and statements of parties were never recorded, Lok Adalat has decided the matter as if it was passing order on merit. 9. Thus, it is clear that Lok Adalat can only pass an award, if consent is given by the parties. Where one of the parties does not appear, the Lok Adalat cannot decide the matter on merit as well on any settlement. In view of above discussion, as well as statutory provisions of law laid down, the instant petition is allowed; the impugned Award is set aside and main petition is ordered to be restored to its original number and trial court to proceed with the matter according to law.