The General Manager vs Chairman
2022 Latest Caselaw 1877 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               WP(C) No.2497 of 2022
                               (Through Hybrid mode)

            The General Manager, East Coast  ....                  Petitioners
            Railway, Bhubaneswar and another

                                                  Mr. S.S.Kashyap, Advocate

                                       -versus-
            Chairman, Permanent Lok Adalat          ....     Opposite Parties
            (PSU), Bhubaneswar and others

                                                                      None
                     CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

Order No.                             16.03.2022

 02.         1.    Mr. Kashyap, learned advocate appears on behalf of

petitioners and submits, there was compliance of direction for issuance of notice on opposite party no.3, made by order dated 16th February, 2022. Said opposite party was applicant before the Lok Adalat.

2. None appears on behalf of opposite party no.3 in spite of record showing service as complete.

3. Mr. Kashyap reiterates his submissions that his client (Railways) is aggrieved by award dated 11th December, 2021, whereby there was direction to open a Passenger Halt (PH) at Baghamari. He relies on judgment of the Supreme Court in Bhargavi Constructions v. Kothakapu Muthyam Reddy, reported in (2018) 13 SCC 480, paragraph-23 to submit, his client's remedy is before the writ Court. He submits further,

// 2 //

section 22C in Legal Services Authorities Act, 1987 provides for cognizance of cases by Permanent Lok Adalat. This award was passed in excess of jurisdiction.

4. There is no opposition to contention of petitioners.

5. Impugned award dated 11th December, 2021 is set aside and quashed.

6. The writ petition is disposed of.

(Arindam Sinha) Judge RKS