Rajasthan High Court - Jodhpur
Hindustan Zinc Limited vs Permanent Lok Adalat, Udaipur And Anr ... on 6 October, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:43805]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14892/2016
Hindustan Zinc Limited Through Manager, Zinc Smelter, Debari,
Udaipur
----Petitioner
Versus
1. Permanent Lok Adalat, Udaipur Raj.
2. Bhawani Singh Rav S/o Shri Prathvi Singh Ji, R/o Merta,
Near Government School, Merta, Tehsil-Mavli, District-
Udaipur
----Respondents
For Petitioner(s) : Mr. Yash Tripathi
For Respondent(s) : None present
HON'BLE MS. JUSTICE REKHA BORANA
Order
06/10/2025
1. The present writ petition has been filed aggrieved of order
dated 19.10.2016 (Annexure-3) passed by the Permanent Lok
Adalat (PLA), Udaipur.
2. Vide the order impugned, the learned PLA declined to grant
any interim order while observing that the non-applicant therein
would be at liberty to take all legal objections whatsoever, in his
reply.
3. The case of the petitioner is that the PLA did not have the
jurisdiction to decide the claim petition as filed on behalf of the
petitioners, and a preliminary objection to the said effect was
raised on behalf of the non-applicant. The PLA ought to have first
decided the issue of jurisdiction and then only could have
proceeded further but the same having not been done, the
present petition has been filed.
4. Learned counsel while relying upon a Co-ordinate Bench
judgment of this Court in State of Rajasthan & Anr. Vs.
(Uploaded on 08/10/2025 at 01:14:35 PM)
[2025:RJ-JD:43805] (2 of 2) [CW-14892/2016]
Muzaffar Hussain Samma; S.B. Civil Writ Petition
No.17621/2024 (decided on 01.04.2025) submitted that the
present being a claim petition for reimbursement of medical bills,
it would not fall within the domain of PLA.
5. Heard the counsel. Perused the record.
6. A bare perusal of order impugned reflects that the PLA did
not pass any order as such which can be said to be impugned. The
only order made by the PLA was that no interim order could be
passed at that stage.
7. In view of the aforesaid, this Court is not inclined to proceed
further with the matter. The present writ petition is disposed of
with a direction to the learned Permanent Lok Adalat, Udaipur to
first decide the preliminary objection as raised on behalf of the
petitioner non-applicant. While deciding the same, the learned PLA
shall be under an obligation to keep into consideration the
judgment in Muzaffar Hussain Samma (supra).
8. The decision be taken within a period of four weeks from the
date of receipt of the present order. Needless to observe that no
decision shall be taken without affording opportunity of hearing to
the opposite party.
9. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
25-Devanshi/-
(Uploaded on 08/10/2025 at 01:14:35 PM)
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