Pinki Devi @ Asha Devi vs Arbind Kumar Gupta on 24 March, 2026

    0
    40
    ADVERTISEMENT

    Jharkhand High Court

    Pinki Devi @ Asha Devi vs Arbind Kumar Gupta on 24 March, 2026

    Author: Sanjay Kumar Dwivedi

    Bench: Sanjay Kumar Dwivedi

                                                                           2026:JHHC:8242
    
    
    
    
                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Civil Revision No.17 of 2025
    
                Pinki Devi @ Asha Devi, aged about 51 years, wife of Sri Ajay Kumar
                Gupta, daughter of Late Laxmi Narayan Sahu, resident of Flat No. 304,
                3rd Floor, Nandlal Tower, R.C. Street, Tharpakhna, G.P.O., Ranchi, P.S.
                Lower Bazar, District Ranchi             ....          Petitioner
                                       Versus
                Arbind Kumar Gupta, son of Late Balo Sahu, resident of Behind Popular
                Nursing Home, Ratu Road, Ranchi, P.O. Hehal, PS Sukhdeo Nagar,
                District Ranchi.                               ..... Opposite Party
                                             With
                                 C.M.P. No.592 of 2025
    
                Pinki Devi @ Asha Devi, aged about 51 years, wife of Sri Ajay Kumar
                Gupta, daughter of Late Laxmi Narayan Sahu, resident of Flat No. 304,
                3rd Floor, Nandlal Tower, R.C. Street, Tharpakhna, G.P.O., Ranchi, P.S.
                Lower Bazar, District Ranchi              .... Petitioner
                                               Versus
                Arbind Kumar Gupta, son of Late Balo Sahu, resident of Behind Popular
                Nursing Home, Ratu Road, Ranchi, P.O. Hehal, P.S. Sukhdeo Nagar,
                District Ranchi.               ....         Opposite Party
                            --------
    

    CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

    ——

    SPONSORED

    For the Petitioner : Mr. Bibhash Sinha, Advocate.
    For the Sole O.P. : Mr. Ashok Kumar Pandey Advocate

    ——

    14/24.03.2026 Both these petitions have been assigned to this Bench and that

    is how these matters have been listed before this Court.

    2. CMP No.592 of 2025 has been filed for quashing of the order

    dated 18.02.2003 passed by Permanent Lok Adalat, Ranchi, in P.L.A.

    No. 270 of 2001, by which it has passed a compromise decree with

    respect of suit for Specific Performance of Contract being (Title Suit

    No. 12 of 2001) and thereafter has drawn the decree dated 04.03.2003.

    3. Civil Revision No.17 of 2025 has been filed against the order

    dated 29.11.2024 passed by Learned Civil Judge (Junior Division)

    Ranchi, in Civil Miscellaneous Case No. 12 of 2020, in terms of

    which the learned Civil Judge (Junior Division) Ranchi has been

    1
    2026:JHHC:8242

    pleased to dismiss the objection filed by the petitioner under Section

    47 of the Code of Civil Procedure in Execution Case No. 35 of 2020.

    4. Mr. Bibhas Sinha, learned counsel appearing for the petitioners

    submits that the sole opposite party herein has initially instituted Title

    Suit No.12 of 2001 under Section 13 of the Specific Relief Act against

    the father of the present petitioner namely late Laxmi Narayan Sahu

    praying, inter alia, for the reliefs as follows:-

    a) The defendant may be directed to execute and register
    sale deed in respect of the suit property which has been
    more fully described in Schedule ‘A’ of the plaint after
    receiving balance consideration from the plaintiff and
    failing which the learned Trial Court may be pleased to
    execute and register the deed of sale in favour of the
    plaintiff of the suit property after depositing the balance
    consideration money by the plaintiff in court and the
    plaintiff may be put in Khas Physical Possession through
    the process of the court if the learned Court found that the
    plaintiff is not in possession of the suit premises.

    b) The alternative relief may be granted as money decree
    for a sum of Rs.6,19,000/- (Rupees Six Lacs Nineteen
    Thousand) only including the interest at the rate of 14%
    per annum from the date of entering into an agreement for
    sale of suit premises till the date of realization as damages
    and cost of prestige.

    c) Decree for the cost of the suit be awarded in favour of
    the plaintiff.

    d) The right, title and possession of the plaintiff over the
    suit property may be declared and the order passed in M
    495/2000 and the order dated 29.04.2000 declared null and
    void as it is not operative against the plaintiff.

    e) Any other relief or reliefs be awarded in favour of the

    2
    2026:JHHC:8242

    plaintiff, which will be deemed fit and proper.

    5. He next submits that during the pendency of the aforesaid suit,

    on 20.12.2002, an application was filed by the parties of Title Suit No.

    12 of 2001 praying therein for transfer of their case to Lok Adalat for

    the purpose of settlement between the parties. He refers to the order

    sheet and submits that after filing of application on 20.12.2002, the

    prayer was allowed and records were transferred to Lok Adalat

    scheduled on 21.12.2002. He also submits that the said suit instead of

    going to Lok Adalat was erroneously transferred to Permanent Lok

    Adalat. The Permanent Lok Adalat after receipt of record on

    21.12.2002 registered a separate case being PLA Case No. 270 of

    2002 and thereafter the proceeding held on several dates and

    ultimately on 18.02.2003 on the basis of joint compromise petition

    filed by the parties therein, a suit for specific performance of contract

    was disposed of and the office was directed to prepare a decree and

    thereafter the decree was drawn and signed on 04.03.2003 by

    Permanent Lok Adalat. He then submits that for the execution of the

    said decree of Permanent Lok Adalat, the opposite party herein filed

    the Execution Case No.01 of 2010 against the petitioner herein and

    her mother, as because by that time, the original defendant namely

    Laxmi Narayan Sahu passed away. He next submits that the mother

    and the petitioner appeared in the said execution case and filed

    objection under Section 47 of the Code of Civil Procedure on amongst

    the grounds particularly that the dispute between the parties resolved

    by the PLA Court by passing the decree was not under the competence

    3
    2026:JHHC:8242

    / ambit of permanent Lok Adalat and thus was without jurisdiction.

    He also submits that the mother of the petitioner during the pendency

    of the said Misc. Case No.44 of 2014, has left for her heavenly

    aboard and her name was deleted by the order dated 17.03.2023 and

    further by order dated 29.11.2024, the objection filed by the petitioner

    under Section 47 of the Civil Procedure Code has been rejected by the

    learned Court, against that, the petitioner has preferred the Civil

    Revision No.17 of 2025, in which, by order dated 30 th April 2025,

    notices have been issued to the opposite party.

    6. He next submits that the petitioner was not party in the Title

    Suit No.12 of 2001 and PLA No.270 of 2001 and therefore, she was

    not aware about the judgment and decree passed by the Permanent

    Lok Adalat. He next submits that the petitioner came to know about

    the said decree, when the mother and the petitioner were made parties

    in the execution case filed by the opposite party and thereafter filed

    the objection. He also submits in these backgrounds, the Permanent

    Lok Adalat is having no jurisdiction of deciding any suit and has

    passed the order, which is without jurisdiction and liable to be set-

    aside.

    7. He next submits that in light of Chapter VI-A of Legal Services

    Authorities Act, 1987, only the public utility services can be subject

    matter before the Permanent Lok Adalat. He refers to relevant

    Sections of Chapter VI-A, particularly Sections 22-A and 22-B with

    respect to the definition of Public Utility Services. By way of referring

    Sections 22-A and 22-B of the Legal Services Authority Act, he

    4
    2026:JHHC:8242

    submits that Permanent Lok Adalat does not have jurisdiction over

    any dispute, which is not within the ambit of Public Utility Service.

    He next submits that the said suit was with regard to the specific

    performance of contract and even by way of compromise, the

    Permanent Lok Adalat has wrongly assumed the jurisdiction. He also

    submits that Permanent Lok Adalat inherently lacks jurisdiction over

    the subject matter, passed the said order, that too, in absence of the

    petitioner and her mother. He also submits that it is well settled that

    even with consent, jurisdiction can’t be conferred upon any Court.

    8. To buttress to his argument, he relied in the case of Harshad

    Chiman Lal Modi Vs. DLF Universal Ltd. and another reported in

    (2005) 7 SCC 791 and he refer to Para 30, 32 and 33, which are as

    under:

    “30. We are unable to uphold the contention. The
    jurisdiction of a court may be classified into several
    categories. The important categories are (i) Territorial or
    local jurisdiction; (ii) Pecuniary jurisdiction; and (iii)
    Jurisdiction over the subject matter. So far as territorial and
    pecuniary jurisdictions are concerned, objection to such
    jurisdiction has to be taken at the earliest possible
    opportunity and in any case at or before settlement of
    issues. The law is well settled on the point that if such
    objection is not taken at the earliest, it cannot be allowed to
    be taken at a subsequent stage. Jurisdiction as to subject
    matter, however, is totally distinct and stands on a different
    footing. Where a court has no jurisdiction over the subject
    matter of the suit by reason of any limitation imposed by
    statute, charter or commission, it cannot take up the cause
    or matter. An order passed by a court having no

    5
    2026:JHHC:8242

    jurisdiction is nullity.

    32. In Bahrein Petroleum Co., this Court also held that
    neither consent nor waiver nor acquiescence can confer
    jurisdiction upon a court, otherwise incompetent to try the
    suit. It is well-settled and needs no authority that ‘where a
    court takes upon itself to exercise a jurisdiction it does not
    possess, its decision amounts to nothing.’ A decree passed
    by a court having no jurisdiction is non-est and its validity
    can be set up whenever it is sought to be enforced as a
    foundation for a right, even at the stage of execution or in
    collateral proceedings. A decree passed by a court without
    jurisdiction is a coram non judice.

    33. In Kiran Singh v. Chaman Paswan, (1955) 1 SCR
    117: AIR 1954 SC 340, this Court declared; “It is a
    fundamental principle well established that a decree passed
    by a court without jurisdiction is a nullity and that its
    invalidity could be set up whenever and it is sought to be
    enforced or relied upon, even at the stage of execution and
    even in collateral proceedings. A defect of jurisdiction
    strikes at the very authority of the court to pass any decree,
    and such a defect cannot be cured even by consent of
    parties.”

    By way of referring the above judgment, he submits that with

    consent or waiver or acquiescence, jurisdiction cannot be conferred

    upon any court, if the Court incompetent to try the suit.

    9. He next relied upon the case of Kanwar Singh Saini V. High

    Court of Delhi reported in (2012) 4 SCC 307 and refers to Para 22,

    which is as under:-

    “22.There can be no dispute regarding the settled legal
    proposition that conferment of jurisdiction is a legislative
    function and it can neither be conferred with the consent of

    6
    2026:JHHC:8242

    the parties nor by a superior court, and if the court passes
    order/decree having no jurisdiction over the matter, it would
    amount to a nullity as the matter goes to the roots of the
    cause. Such an issue can be raised at any belated stage of the
    proceedings including in appeal or execution. The finding of
    a court or tribunal becomes irrelevant and
    unenforceable/inexecutable once the forum is found to have
    no jurisdiction. Acquiescence of a party equally should not
    be permitted to defeat the legislative animation. The Court
    cannot desire jurisdiction apart from the Statute.

    Relying upon the above judgment, he submits that it has been

    held that if in absence of any jurisdiction, order has been passed and

    that will be amount to nullity.

    10. Lastly, he relied in the case of Carona Ltd. V. Parvathy

    Swaminathan & Sons reported in (2007) 8 SCC 559 and refers to

    Para 27 and 28 of the said Judgment, which are as under:

    “27. Stated simply, the fact or facts upon which the
    jurisdiction of a Court, a Tribunal or an Authority
    depends can be said to be a ‘jurisdictional fact’. If the
    jurisdictional fact exists, a Court, Tribunal or Authority
    has jurisdiction to decide other issues. If such fact does
    not exist, a Court, Tribunal or Authority cannot act. It is
    also well settled that a Court or a Tribunal cannot
    wrongly assume existence of jurisdictional fact and
    proceed to decide a matter. The underlying principle is
    that by erroneously assuming existence of a
    jurisdictional fact, a subordinate Court or an inferior
    Tribunal cannot confer upon itself jurisdiction which it
    otherwise does not posses.

    28. In Halsbury’s Laws of England, (4th Edn.), Vol.1,

    7
    2026:JHHC:8242

    para 55, p.61; Reissue, Vol.1(1), para 68, pp.114- 15, it
    has been stated:

    “Where the jurisdiction of a tribunal is dependent on the
    existence of a particular state of affairs, that state of
    affairs may be described as preliminary to, or collateral
    to the merits of the issue. If, at the inception of an
    inquiry by an inferior tribunal, a challenge is made to its
    jurisdiction, the tribunal has to make up its mind
    whether to act or not and can give a ruling on the
    preliminary or collateral issue; but that ruling is not
    conclusive”.

    The existence of a jurisdictional fact is thus a sine
    qua non or condition precedent to the assumption of
    jurisdiction by a Court or Tribunal.

    11. Relying upon the above judgment, Mr. Sinha submits that the

    existence of a jurisdictional fact is thus a sine qua non or condition

    precedent to the assumption of jurisdiction by a court or tribunal.

    12. He submits that in view of that the impugned orders may kindly

    be set-aside and the said suit being Title Suit No.12 of 2001 may

    kindly be restored for adjudication on merit. On these grounds, he

    submits that the prayer in these petitions may kindly be allowed.

    13. On the other hand, Mr. Pandey, learned counsel appearing for

    the sole opposite party vehemently opposed the prayer and submits

    that father of the present petitioner has compromised the matter and

    in view of that, the matter was transferred to the Lok Adalat,

    however, the permanent Lok Adalat has passed the order. According

    to him, if Permanent Lok Adalat has exercised the power, there is no

    illegality as the Lok Adalat and the Permanent Lok Adalat are having

    the jurisdiction in light of the Legal Services Authorities Act, 1987.

    8

    2026:JHHC:8242

    14. In view of the above submissions of the learned counsel

    appearing for the parties and after going through the records as well

    as the orders of both the courts in these petitions, it transpires that the

    opposite party herein has instituted the Title Suit No.12 of 2001

    under Section 13 of the Specific Relief Act for the reliefs as noted

    herein above.

    15. On 20.12.2002, an application was filed for transferring the

    matter to the Lok Adalat for the purpose of settlement and pursuant

    to that the said record has been transferred the Lok Adalat, however

    subsequently, it has been registered in the Permanent Lok Adalat

    being PLA Case No.270 of 2002 and thereafter the Permanent Lok

    Adalat on the basis of the compromise, decreed the said suit and the

    decree was drawn and signed on 4.03.2003 by the Permanent Lok

    Adalat. For execution of the said decree of the Permanent Lok

    Adalat, opposite party herein has filed the Execution Case No.01 of

    2010, in which after notice, the petitioner and her mother have

    appeared and filed the objection, saying that they were not made

    party and they were not knowing about the said suit and there were

    Partition Suit No.52 of 2000, which was pending between the father,

    uncle and other family members of the petitioner herein. During the

    pendency of the said Misc. Case No.44 of 2014, the mother of the

    petitioner has left for her heavenly aboard. Thus it is crystal clear that

    partition suit between the families have already been instituted in the

    year 2000, wherein the specific performance case has been brought

    by the party opposite party in the year 2001. In the specific

    9
    2026:JHHC:8242

    performance Act, the other family members of the late Lakshmi

    Narayan Sahu have not been made party. On the basis of the

    compromise, the said suit was transferred to the Lok Adalat,

    however, it has been registered by the Permanent Lok Adalat.

    16. The questions remain in the aforesaid background as to whether

    the said award/decree can be quashed by this Court or not and further

    the dispute in question can be subject matter of Permanent Lok

    Adalat or not?

    17. Chapter VI-A of the Legal Services Authority Act of 1987

    speaks about pre-litigation, conciliation and settlement. Section 22-A

    of the Act, 1987 reads as under:

    “22A. Definitions. – In this Chapter and for the purposes of
    sections 22 and 23, unless the context otherwise requires-

    (a) “Permanent Lok Adalat means a Permanent Lok Adalat
    established under sub-section (1) of section 22B;

    (b) “public utility service” means any-

    (i) transport service for the carriage of passengers or goods by
    air, road or water; or

    (ii) postal, telegraph or telephone service; or

    (iii) supply of power, light or water to the public by any
    establishment; or

    (iv) system of public conservancy or sanitation; or

    (v) service in hospital or dispensary; or

    (vi) insurance service

    and includes any service which the Central Government or the
    State Government, as the case may be, in the public interest, by
    notification, declare to be a public utility service for the
    purposes of this Chapter.”

    18. Looking into the said definition, it is crystal clear that only

    public utility service can be subject matter before the Permanent Lok

    Adalat, whereas in the case in hand, on the basis of compromise with

    10
    2026:JHHC:8242

    regard to a specific performance suit, the award / decree has been

    obtained, that too in absence of the petitioner and her mother. It is

    well settled in law that Lok Adalats have no adjudicatory or judicial

    function. Their functions relate purely to conciliation. A Lok Adalat

    determines the reference on the basis of a compromise or settlement

    between the parties and puts it seal of confirmation by making the

    award in terms of compromise. It is further well known that if any

    party wants to challenge the award based on settlement, the same can

    be examined in a writ petition under Article 226 and / or 227 on a

    very limited ground. In Kiran Singh v. Chaman Paswan reported in

    (1954) 1 SCC 710, the Hon’ble Supreme Court has held that as a

    judgment or a decree obtained by playing fraud on the Court is a

    nullity and non-est in the eyes of law and its invalidity can be

    challenged even in collateral proceedings. Similar view has been

    taken in S.P. Chengalvaraya Naidu (dead) by L.Rs versus

    Jagannath (dead) by L.Rs (1994) 1 SCC 1. In the case of P.T.

    Thomas V. Thomas Job, 2005 (6) SCC 478, it has been held that

    the award of a Lok Adalat is not a result of a contest on merit, just as

    a regular suit by a Court in a regular trial is, however, it is as equal

    and on par with a decree on compromise and will have same binding

    effect and be conclusive. It is trite law that validity of a compromise

    decree can be challenged on the ground that if it was obtained by

    playing fraud. In this regard, reference may be made to the judgment

    passed by Hon’ble Supreme Court in the case of A.A.

    Gopalakrishnan V Cochin Devaswom Board, 2007 (7) SCC 482.

    11

    2026:JHHC:8242

    19. Since the award passed by Lok Adalat is akin to a compromise

    decree, its validity can be challenged by a party under Article 226

    /227 of the Constitution of India on the ground that the same has

    been obtained by playing fraud.

    20. ‘Fraud’ means and includes any of the following acts committed

    by a party to a contract, or with his connivance, or by his agent, with

    intent to deceive another party there to or his agent or to include him

    enter into the contract:- (1) the suggestion, as a fact, of that which is

    not true by one who does not believe it to be true (2) the active

    concealment of a fact by one having knowledge or belief of the fact

    which is not true by one who does not believe it to be true; (3) a

    promise made without intention of performing it; (4) any other act

    fitted to deceive; (5) any such act or omission as the law specially

    declares to be fraudulent. A reference may be made to the Advanced

    Law Lexicon by P. Ramanatha Aiyar, Third Edition Reprint 2007.

    21. In view of the Judgment passed by the Hon’ble Supreme Court

    in the case of State of Punjab versus Jalour Singh, (2008) 2 SCC

    660, the law laid down that challenge to the award of Lok Adalat can

    be only be done by filing a writ petition under Article 226 and / or

    Article 227 of the Constitution of India in the High Court and that

    too on very limited grounds. In light of that, a case of challenge,

    limited ground is made out, the remedy is only to file writ petition

    before the High Court and if it is brought before the court, it is with

    the High Court to decide whether any ground was made out by the

    petitioner for quashing the said award and if so whether those

    12
    2026:JHHC:8242

    grounds are sufficient for its quashing or not.

    22. In light of the above facts and discussions, what is emerging

    now that in light of Section 22-A of the Act, 1987 is required to be

    read along with Section 22-A and 22-A (a) and (b) of the said Act,

    wherefrom, it is evident that the Permanent Lok Adalat can be

    established only for exercising jurisdiction in respect of one or more

    public utility services justifying under Section 22-A. In light of the

    provisions made therein, Permanent Lok Adalat is not having

    jurisdiction with respect to any matter other than public utility

    services as defined under Section 22A (b) under Chapter VI-A of the

    said Act, which deals with pre-litigation, conciliation and settlement.

    The Permanent Lok Adalat is having no jurisdiction in respect of the

    matter, which is pending in the court. In light of the above, the

    subject matter of property has no connection with the public utility

    service, for which Permanent Lok Adalat are established and only

    over which the permanent Lok Adalat is having jurisdiction as

    defined under Section 22A(b) of the said Act. The permanent Lok

    Adalat in light of the above has got no jurisdiction at all to entertain

    the matter arising out of a property dispute.

    23. The allegations are made that in absence of the petitioner, her

    mother and other family members, the said suit Specific Performance

    Suit being Title Suit No. 12 of 2001 was instituted, which was

    transferred on the request to the Lok Adalat, however, subsequently it

    was registered in the Permanent Lok Adalat being PLA No.270 of

    2001. The Partition Suit pending between the family members was

    13
    2026:JHHC:8242

    already instituted in the year 2000, wherein the said Specific

    Performance Suit was instituted in the year 2001.

    24. It is well settled that if any illegality has been committed by

    any court, that illegality cannot be allowed to be perpetuated. The

    reference may made to the Judgment passed by the Hon’ble Supreme

    Court in the case of Sarukh Singh Vs. Union of India reported in

    2011(11) SCC 198, wherein Para 27, 29 and 30 of the Judgment, it

    has been held as under:

    27. In Union of India v. Rangila Ram [(1995) 5 SCC 585]
    this Court held as follows: (SCC p. 586, para 4)
    “4. The point is no longer res integra. This Court has
    considered the scope of the power of the High Court under
    Sections 151 and 152 CPC and also under Section 13-A of
    the Act. This Court has held that once the civil court made
    an award as per law then in force which became final and
    that there is no error of law as on that date. Subsequent
    amendment does not give power to the court to amend the
    decree under Sections 151 and 152 CPC.
    This was held in
    State of Maharashtra v. Maharau Srawan Hatkar [(1995) 3
    SCC 316] and Union of India v. Pratap Kaur
    [(1995) 3 SCC
    263].
    In Maharau Srawan Hatkar case [(1995) 3 SCC 316]
    this Court held that the civil court lacked inherent
    jurisdiction and was devoid of the power to entertain an
    application to award additional benefits under Amendment
    Act 68 of 1984. The facts therein were that the award had
    become final and Amendment Act 68 of 1984 had come into
    force on 24-9-1984. The respondents made an application
    under Sections 151 and 152 CPC to award enhanced
    solatium and additional benefits, etc. and the civil court
    allowed and granted the same. In that context, considering
    the civil court’s power under Sections 151 and 152 CPC,

    14
    2026:JHHC:8242

    this Court laid the above law.”

    29. There are a number of decisions of this Court wherein it
    has also been held that a wrong judgment given by the High
    Court cannot be taken as a precedent for perpetrating such
    wrong. In State of Haryana v. Ram Kumar Mann [(1997) 3
    SCC 321: 1997 SCC (L&S) 801] this Court held as follows:

    (SCC p. 322, para 3)
    “3. The question, therefore, is whether the view taken by the
    High Court is correct in law. It is seen that the respondent
    had voluntarily resigned from the service and the
    resignation was accepted by the Government on 18-5-1982.

    On and from that date, the relationship of employer and the
    employee between the respondent and the State ceased and
    thereafter he had no right, whatsoever, either to claim the
    post or a right to withdraw his resignation which had
    already become effective by acceptance on 18-5-1982. …
    The doctrine of discrimination is founded upon existence of
    an enforceable right. He was discriminated and denied
    equality as some similarly situated persons had been given
    the same relief. Article 14 would apply only when invidious
    discrimination is meted out to equals and similarly
    circumstanced without any rational basis or relationship in
    that behalf. The respondent has no right, whatsoever and
    cannot be given the relief wrongly given to them i.e. benefit
    of withdrawal of resignation. The High Court was wholly
    wrong in reaching the conclusion that there was invidious
    discrimination. If we cannot allow a wrong to perpetrate, an
    employee, after committing misappropriation of money, is
    dismissed from service and subsequently that order is
    withdrawn and he is reinstated into the service. Can a
    similarly circumstanced person claim equality under Article
    14
    for reinstatement? The answer is obviously ‘No’. … A
    wrong decision by the Government does not give a right to

    15
    2026:JHHC:8242

    enforce the wrong order and claim parity or equality. Two
    wrongs can never make a right. Under these circumstances,
    the High Court was clearly wrong in directing reinstatement
    of the respondent by a mandamus with all consequential
    benefits.”

    “30. The concept of equality as envisaged under Article 14
    of the Constitution is a positive concept which cannot be
    enforced in a negative manner. … Benefits extended to some
    persons in an irregular or illegal manner cannot be claimed
    by a citizen on the plea of equality as enshrined in Article
    14
    of the Constitution by way of writ petition filed in the
    High Court. The Court observed (in Gursharan Singh case
    [Gursharan Singh v. NDMC, (1996) 2 SCC 459.] ): (SCC p.
    465, para 9)
    ‘9. …Neither Article 14 of the Constitution conceives within
    the equality clause this concept nor Article 226 empowers
    the High Court to enforce such claim of equality before law.
    If such claims are enforced, it shall amount to directing to
    continue and perpetuate an illegal procedure or an illegal
    order for extending similar benefits to others. Before a
    claim based on equality clause is upheld, it must be
    established by the petitioner that his claim being just and
    legal, has been denied to him, while it has been extended to
    others and in this process there has been a discrimination.’

    Again in Jaipur Development Authority v. Daulat Mal Jain
    [(1997) 1 SCC 35] this Court considered the scope of
    Article 14 of the Constitution and reiterated its earlier
    position regarding the concept of equality holding: (SCC pp.
    51-52, para 28)
    ’28. … Suffice it to hold that the illegal allotment founded
    upon ultra vires and illegal policy of allotment made to
    some other persons wrongly, would not form a legal premise
    to ensure it to the respondent or to repeat or perpetuate

    16
    2026:JHHC:8242

    such illegal order, nor could it be legalised. In other words,
    judicial process cannot be abused to perpetuate the
    illegalities. Thus considered, we hold that the High Court
    was clearly in error in directing the appellants to allot the
    land to the respondents.’

    25. In light of the above discussion, it is crystal clear that the

    Permanent Lok Adalat is having no jurisdiction to decide any

    property matter, has passed the said award on the basis of the

    compromise between the opposite party and late Lakshmi Narayan

    Sahu, who happened to be the father of the petitioner.

    26. The Court finds that the judgments relied by the learned counsel

    appearing for the petitioners Harshad Chiman Lal Modi Vs. DLF

    Universal Ltd. and another (Supra), Kanwar Singh Saini V. High

    Court of Delhi (Supra) and Carona Ltd. V. Parvathy Swaminathan

    & Sons (Supra) are helping the petitioners and in the light of

    discussion, it is further crystal clear that in absence of any

    jurisdiction, the Permanent Lok Adalat has passed the said

    award/degree. In light of those judgments, it is well settled principle

    of law that a tribunal, court or statutory authority cannot confer upon

    itself jurisdiction by wrongly assuming the existence of a

    jurisdictional fact.

    27. In light of the above facts, reasons and analysis, these petitions

    succeeds.

    28. As such, the judgment / award / degree dated 18/02/2003

    passed by Permanent Lok Adalat, Ranchi in PLA Case No. 270 of

    2001 on the basis of the compromise is hereby set-aside.

    17

    2026:JHHC:8242

    29. Resultantly, the order dated 29/11/2004 passed by the learned

    Civil Judge Junior Division, Ranchi in Civil Misc. Case No.12 of

    2020 is also set aside.

    30. Consequently, the Title Suit No. 12 of 2001 is restored to its

    original file. The same will be decided in accordance with law.

    31. The petitioner and opposite party herein will move before the

    learned court in the said Title Suit No.12 of 2001 and will move

    appropriate petition for deciding the said-on merit.

    32. These petitions are allowed in the above terms and disposed of.

    (Sanjay Kumar Dwivedi, J.)
    24.03.2026
    R.Kumar A.F.R.
    Uploaded on 01.04.2026

    18



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here