IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5846 of 2006 NEW INDIA ASSURANCE COMPANY THROUGH ITS MANAGER AND DULY CONSTITUTED ATTORNEY SRI BHASKAR MALLICK, NEW INDIA ASSURANCE COMPANY LIMITED, REGIONAL OFFICE 6TH FLOOR B.S.F.C. BUILDING FRASER ROAD- 800 001 :---PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PERMANENT LOK ADALAT MUZAFFARPUR THROUGH ITS PRESIDING OFFICER CIVIL COURT MUZAFFARPUR. 3. LALBABU RAI, SON OF LATE CHULHAI RAI RESIDENT OF VILLAGE GOSPUR P.S. JANDAHA, DISTRICT- VAISHALI AT PRESIDENT RESIDENT OF KANHAULI, P.O. RAMNA, P.S MITHANPURA DISTRICT- MUZAFFARPUR. 4. RAVINDRA SINGH, SON OF BHUPENDRA SINGH, RESIDENT OF BANGALI TOLA P.S. TOWN (SAMASTIPUR) :----RESPONDENTS. ----------- 5. 10.05.2011. Heard learned counsel for the petitioner- Company and the counsel for the State. 2. In compliance of the orders of this Court dated 28.03.2011, 19.04.2011 and 09.05.2011 affidavit has been filed placing on record dasti notice served on Randhir Kumar, son of Opposite Party No.3, Lalbabu Rai. Such service is not legally valid service on Opposite Party No.3, applicant before the Pernanent Lok Adalat, Muzaffarpur which has passed judgment dated 16.02.2006 in Claim Case No. 36/2005 allowing the claim of the applicant directing the petitioner-Company to pay the accident claim of Rs. 98,600/- . 3. It is submitted on behalf of the petitioner- Company that Permanent Lok Adalat, Muzaffarpur 2 had no jurisdiction to adjudicate the accident claim of the applicant Lal Babu Rai as the petitioner-Company had not agreed for any consent order. As such, the order impugned is wholly without jurisdiction. 4. Aforesaid finding can be recorded only after effecting valid service of notice on the applicant Lal Babu Rai. The order impugned (Annexure-1) being dated 16.02.2006 i.e. about five years old the limitation for executing the said order having already expired the authorities decided to withdraw the writ petition as no useful purpose will be served by flogging a dead horse because after passage of five years execution of the order dated 16.02.2006, Annexure-1 is not maintainable. 5. In view of the statement made by the Regional Manager of the Company, I dismiss the writ petition. P.K.P. (V.N.Sinha,J.)