IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19643 of 2011 Gopalji Shukla Versus Prabhat Ranjan Shukla & Ors ---------------------------------- 02. 15.11.2011 The learned counsel, Mr. Rajendra Narayan, appearing on behalf of the petitioner submitted that the respondents obtained the award of the Permanent Lok Adalat without making the present petitioner party in case No.222 of 2011. According to the learned counsel, the award of the Permanent Lok Adalat, Motihari, East Champaran dated 29.08.2011 is tainted with fraud and suppression of fact and therefore, the order may be set aside. In a case of Mina Chaudhary Vs. Dr. Dilip Chaudhary, a Division Bench by order dated 06.11.2009 passed in C.W.J.C. No.14426 of 2009 held that powers of Lok Adalat are not co-extensive with that of Civil Courts who have full power to take evidence including oral evidence and also to exercise necessary powers under Section 151 of the Code of Civil Procedure. It appears that in that case also, the petitioner was challenging the validity of the award passed by the Permanent Lok Adalat on the ground of fraud and suppression of - 2 - fact. The Division Bench directed the petitioner to approach Civil Court for redressal of his grievance. In the present case also, the petitioner is challenging the award on the ground of fraud and suppression of fact and further that the petitioner was not impleaded in the proceeding before the Permanent Lok Adalat. So far this question of fraud is concerned, neither the Permanent Lok Adalat is competent to decide the same nor this Court will decide the same in a proceeding under Article 227 of the Constitution of India. Therefore, in view of the Division Bench decision referred to above, the petitioner is directed to approach the Civil Court by initiating appropriate suit/ proceeding and if such suit/ proceeding is filed by the petitioner, the Court concerned shall dispose of the same according to law. With this observation, this writ application is disposed of. Sanjeev/- (Mungeshwar Sahoo,J.)