S.C. Das JUDGMENT
S.C. Das, J.
1. Two issues fell for our consideration in this writ petition namely--
"(i) Whether Legal Services Authorities/Committees are authorized and/or empowered to constitute a Lok-Adalat in the form otherwise than prescribed by the Legal Services Authorities Act, 1987.
(ii) Whether a Lok-Adalat constituted under Section 19 of the Legal Services Authorities Act can pass an order in an adjudicatory manner without having any compromise or settlement arrived between the parties to a dispute."
2. We have heard learned counsel Mr. A. Dasgupta for the petitioners and learned counsel, Mr. S. Lodh for the respondent Nos. 3, 4, 5(a), 5(b) and 8 respectively. Other respondents have chosen to remain absent.
3. The fact, in short, is that the respondent No. 3, Dhirendra Kumar Das by filing a petition on 14.02.2012, before the Sub Divisional Legal Services Committee, Belonia, put up a pre-litigative dispute for settlement against Manindra Kumar Das (Dhupi), father of the writ petitioners and some others and sought partition of the property mentioned in the schedule of the petition. It was registered as pre-litigative dispute case No. 29/2012 before the Temporary Lok-Adalat, Belonia. By first order dated 14.02.2012 notice was issued on the opposite parties mentioned in the petition and on the next date i.e. on 29.03.2012 the Lok-Adalat in the absence of Manindra Kumar Das (Dhupi) passed an order to demarcate the land mentioned in the petition made by respondent No. 3 and appointed a Survey Commissioner to do the same. On 26.04.2012 the Lok-Adalat passed the following order:--
"26.04.2012
1st party is present.
Bulu Das S/O Birendra Kr. Das, Anjan Das S/O Manindra Kr. Das, Matilal Das and Manik Das are present for second party. Sudhan Das though appeared has left for ailment as stated by his brothers.
Seen the report of the Survey Commissioner. It is stated that at the time of demarcation, objection was raised by Anjan Das, S/O Manindra Kr. Das for which he could not proceed with the investigation.
Anjan Das is present today and has filed a written objection.
An application is filed by the 1st party praying for correction of the father's name of Sudhan Das, 2nd party which is allowed. Accordingly correction is made in the application. It is also stated in the application that of his two sisters, Surabala Dhupi is dead but Snehalata Dhupi is alive. So it is prayed to implead her as party. The prayer is allowed.
Seen the objection of Anjan Das made on behalf of Manindra Kr. Das which has no connection with demarcation as ordered. However, Anjan Das is heard on his objection and he is ultimately understood that demarcation has no bearing about his apprehension that some of the co-sharers may sell their share to outsiders. Accordingly, he has given the assurance that he will not make any further objection in the demarcation. Accordingly, he has given the assurance that he will not make any further objection in the demarcation. Accordingly, Survey Commissioner shall go to the disputed land issuing notice to all second party members including Snehalata Dhupi. Second Party members present today has agreed to pay Rs. 1000/- to the Survey Commissioner on the date of the work. Survey Commissioner shall file his report on the next date.
To 24.5.12 for Report."
4. Thereafter on 24.5.2012 Lok-Adalat disposed the matter with the following order:--
"24.5.2012
Both the party are present. S.C. has submitted a report.
2nd Party namely Manindra Kumar Dhupi submitted an objection stating that due to his illness he could not attend at the time of partition of the land, but the 2nd party did not submit any document in support of his illness.
Hence the objection prayer is rejected.
The rest 2nd Party did not raise any objection against the report of the S.C.
The report of the S.C. is accepted.
Thus this petition is disposed of.
Make necessary entry."