IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7903 of 2006 1. LALLU KUMAR CHOUDHARY SON OF SRI RAM BILASH CHOUDHARY. 2. RAM BILASH CHOUDHARY SON OF LATE SHEO PRASAD CHOUDHARY. 3. MOST JAMANTI JUER WIDOW OF LATE RAM KAILASH CHOUDHARY. ALL OF VILLAGE AND P.O. KOATH, P.S. DAWATH, DISTRICT ROHTAS. Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT LEGAL SERVICES AUTHORITY, SASARAM. 2. INPERSONATED JAMWANTI KUER A LADY OF VILLAGE DHANBAKHRA, P.S. NAWANAGAR, DISTRICT BUXAR C/O DISTRICT AND SESISON JUDGE, ROHTAS CUM CHAIRMAN, DISTRICT LEGAL SERVICES AUTHORITY SASARAM, DISTRICT ROHTAS. ----------- 02. 28.04.2011 Re :- I.A. No.2941 of 2011 It appears during the pendency of the writ petition, petitioner no.1 Lallu Kumar Chaudhary left for heavenly abode on 11.8.2010 leaving behind his two minor sons and widow who became insane and is under the guardianship of her brother. The two minor sons of petitioner no.1 are under the guardianship of their grand father Ram Bilas Choudhary, petitioner no.2. 2. Let name of Lallu Kumar Chaudhary, petitioner no.1 be expunged from the records of this case and his two minor sons, namely, Raushan Kumar Chaudhary and Bhunam Kumar Chaudhary be substituted in these proceedings and represented by their grandfather, petitioner no.2. 3. I.A. No.2941 of 2011 is, accordingly, disposed of. 4. Heard learned counsel for the petitioners and respondent no.2. 5. Petitioner(s) are aggrieved by the order dated 2 13.4.2006 passed by the Permanent Lok Adalat, Sasaram in Case No.9M of 2004, whereunder award dated 12/20.11.2003 passed by the same Lok Adalat in Case No.444(D) of 2003 has been set aside on the ground that earlier award dated 12/20.11.2003 having become final could not have been recalled on the ground that compromise petition dated 20.11.2003, Annexure-3/1 was not signed by Most. Jamwanti Kuer @ Jatia. Subsequent order dated 13.4.2006 is wholly without jurisdiction as having passed the award dated 12/20.11.2003 the Permanent Lok Adalat, Sasaram became functus officio and had no jurisdiction to conduct another enquiry to discover that compromise petition dated 20.11.2003 was ever signed by most. Jamwanti Kuer. Aforesaid submission is being made in the light of the provisions contained in Sub- Section-(2) of Section 21 of the Legal Services Authority Act, 1997 which inter alia provide that every award made by the Lok Adalat shall be final and binding on the parties to the dispute and no appeal shall lie in any court against the award. 6. Counsel for respondent no.2 Jamwanti Kuer states that as Most. Jamwanti Kuer had not singed the compromise petition dated 20.11.2003 she is not bound by the award dated 12/20.11.2003 passed in Case No.444(D) of 2003 and she is always at liberty to seek declaration to the aforesaid effect from the civil court of competent jurisdiction. 7. Having heard counsel for the parties, I set aside the order dated 13.4.2006, Annexure-1 passed in Case No.9(M) of 2004 with liberty to Most. Jamwanti Kuer @ Jatia to file civil suit 3 praying inter alia to declare that she did not sign the compromise petition dated 20.11.2003 which is the basis for passing the award dated 12/20.11.2003 passed in Case No.444(D) of 2003 with further liberty to Most Jamwanti Kuer @ Jatia to file petition for injunction, which shall be considered on its own merit. Petitioners are, however directed not to dispose of any of the properties which is the subject matter of award dated 12/20.11.2003 passed in Case No.444D/2003 for a period of three months. 8. With the liberty aforesaid, the writ petition is disposed of. Rajesh/ ( V.N. Sinha, J.)