VidhiSangh

Supreme Court of India · 07/10/2021

ESTATE OFFICER versus COLONEL H.V. MANKOTIA (RETIRED)

[2021] 8 S.C.R. 728 · 2021 INSC 635

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Summary

The Court set aside a regular Lok Adalat’s dismissal of a writ petition on merits without a settlement. Under Sections 19 and 20 of the Legal Services Authorities Act, its role was to facilitate compromise or settlement; if that failed, it had to return the pending case to the referring court. Consent to reference did not confer authority to adjudicate the merits. The writ petition was restored to the High Court for decision according to law.

Issues

  1. Whether a regular Lok Adalat could dismiss a referred writ petition on merits when the parties had not settled.
  2. Whether consent to placing the matter before the Lok Adalat authorised adjudication without compromise.

Provisions considered

Held

Result

Appeal allowed; Lok Adalat order set aside and writ petition restored to the High Court for decision on merits in accordance with law. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 728.