IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11232 of 2009 ====================================================== National Insurance Co. Ltd., Gaya through Sri Anjani Kumar, A.O. and duly Constituted Attorney National Insurance Company Limited, Regional Office 4th Floor, Sone Bhawan, B.C. Patel Road, Patna, P.O. G.P.O., Police Station Sachiwalaya-800001 .... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary, Bihar, Patna 2. Jagdish Manjhi, son of Late Jageshwar Manjhi, resident of village Gopalpur, P.O. and P.S. Sherghati, district Gaya 3. Premchand Singh, son of Radhey Shyam Singh, resident of Gowaltoli Bara Sadar, P.O. and P.S. Hazaribagh, Jharkhand .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Priyadarshi Mr. Annamma Mathew Mr. Dr.Shobha Choubey For the Respondent/s : Mr. (SC6) Mr. Md.Javed Gafar Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 4 17-10-2011 In this case, notices were issued to the private respondents 2 and 3. Although, the notices have been validly served in the case, nobody appears on their behalf to pursue this writ application. The petitioner is aggrieved by Annexure-1 dated 11.06.2009 passed by the Permanent Lok Adalat, Gaya by which the Lok Adalat has taken up the matter and decided the case although there was a contest between the parties. It is submitted that the Lok Adalat has no jurisdiction to act as a Court. Patna High Court CWJC No.11232 of 2009 (4) dt.17-10-2011 2 / 2 2 This question has already been decided in the case of State of Punjab & Another vs. Jalour Singh & Others [AIR 2008 SC 1209] as well as in the case of United India Insurance Company Limited vs. Ajay Sinha and Another [AIR 2008 SC 2398] that the Lok Adalat has no jurisdiction to pass an order without consent of both the parties including the petitioner. In view of the aforesaid fact, this Court quashes the order dated 11.06.2009 and remands the matter back to the Tribunal who will issue notices to the private respondents and decide the matter within a period of three months on valid service of notices on the private respondents. The petitioner is directed to produce a copy of this order before the Tribunal concerned within a period of one month from the date of receipt of a copy of this order. This writ application is thus allowed in the aforesaid terms. Prabhakar Anand/- (Sheema Ali Khan, J)