IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9914 of 2011 1. Sri Ram Lal Singh S/O Late Jeobdhan Singh Secretary Bhupesh Gupta, Intermeditate College Ramlal nagar Distt.-Kaimur (Bhabua) 2. Sri Ramesh Chandra Singh S/O Late Khedan Singh Chairman, Bhupesh Gupta Intermediate College Ram Lal Nagar Distt.- Kaimur (Bhabua) 3. Kamlesh Singh S/O Late Parshuram Singh, Principal Ghupesh Gupta Intermediate College, Ramlal Nagar, Distt.-Kaimur (Bhabua) Versus 1. The State Of Bihar Through Its Law Secretary, Bihar Patna 2. Dudh Nath Prasad, S/O Sri Khurpat Prasad R/O Village + P.O.- Akhlaspur, P.S.-Bhabua, Distt.-Kaimur (Bhabua) ---------------------------------- 3. 04.11.2011. Petitioners are members of a private college, namely, Bhupesh Gupta Intermediate College, Ramlal Nagar, Bhabua. Respondent no.2 was appointed as a Sanskrit teacher in the year 1982. He became Acting Principal of the College in the year 1994. He is alleged to have defalcated the fund when he was Centre Superintendent of Evaluation Centre of the college for which Bhabua Police Station Case No. 16 of 1997 was instituted against him under different sections. Respondent no.2 later on was removed from the post of Principal and suspended from the post of Sanskrit teacher. Being aggrieved, he filed Pre- litigative Case No. 94 of 2011 before the Permanent Lok Adalat. Petitioners also appeared in the case on notice and raised the point of maintainability of the case. However, the Lok Adalat held that in view of section 22(C ) of the Legal Services 2 Authorities Act, 1987 (in short the Act) pre litigative cases are maintainable. The petitioners submit that respondent no.2 has also filed C.W.J.C.No. 19986 of 2010 (Dudh Nath Prasad Vs. State of Bihar and others) for similar relief as sought for before the Lok Adalat. After filing of the writ petition in this Court, the instant application has been filed before the Permanent Lok Adalat for settlement of dispute. Section 22-C(1) of the Act states that a party can make an application to the Permanent Lok Adalat for settlement of a dispute which has not been preferred before any court. Petitioners also submit that respondent no.2 committed misappropriation of fund for which Bhabua Police station case no. 16 of 1997 dated 27.1.1997 was instituted under section 8 of the Bihar Vidhalaya Pariksha Sanchalan Adhiniyam as well as under sections 468, 471, 406, 409 and 120B of the Indian Penal Code and section 7 A of the P.C. Act which is pending before the Vigilance Court. Section 22-C(1) of the Legal Services Authorities Act, 1987, reads as follows:- 22-C. Cognizance of cases by Permanent Lok Adalat.- (1). Any party to a dispute may, before the dispute is brought before any Court, make an application to the Permanent Lok Adalat for the settlement of dispute: Provided that the Permanent Lok Adalat shall 3 not have jurisdiction in respect of any matter relating to an offence not compoundable under any law: Provided further that the Permanent Lok Adalat shall not have jurisdiction in the matter where the value of the property in dispute exceeds ten lakh rupees: Provided also that the Central Government, may, by notification, increase the limit of ten lakh rupees specified in the second proviso in consultation with the Central Authority. It appears that the petitioners had not taken this objection before the Permanent Lok Adalat. However, in the facts of the case, liberty is granted to them to take the aforesaid objection before the Permanent Lok Adalat itself within three weeks from today. In case such an application is filed, the Permanent Lok Adalat would consider afresh the issue after providing opportunity of hearing to the parties. Till the adjudication of the issue, further proceeding in Pre-litigative case No. 94 of 2011 would remain stayed. The writ petition is thus disposed of. Shashi. (Samarendra Pratap Singh,J.)