Whether lok adalat can decide case on merit on the ground that case is not contested?

We   have   carefully   perused   the   provisions   of   the   Legal 
Services   Authorities   Act,   1987   and   in   particular     Section   20   thereof. 
Prima facie, we are of the view that if there is no settlement arrived at 
before the Lok Adalat,  the obligation of the Lok Adalat is to return the 
record of the case to the concerned Court for disposal in accordance 
with law.   Prima facie, it appears to us that the Lok Adalat does not get 
jurisdiction to decide the case referred to it on merits on the ground 
that the case is not contested.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5105 OF 2014
Shri Rajabhau Damodar Raikar.

Vs
The Assistant Charity Commissioner No.2,
Pune Region, Pune, and Others.

CORAM  :  A.S. OKA & A.S.GADKARI, JJ 
DATED    :     18TH NOVEMBER 2014



Heard learned senior counsel appearing for the Petitioner. 
We direct the Petitioner to implead the Charity Commissioner as a party 
Respondent No.7.
2.
By   this   Petition   under   Article   226   of   the   Constitution   of 
India,   the   Petitioner   has   pointed   out   the   manner   in   which   a   change 
report filed under Section 22 of the Bombay Public Trusts Act, 1950 
( for short “the said Act”) has been disposed of.  The change report was 
filed by the fifth Respondent before the Deputy Charity Commissioner, 
Pune.   It  appears that the  said  change  report was  placed before the 
Maha Lok Adalat held on 16th  September 2012.     It appears that the 

Assistant Charity Commissioner, Pune Region, Pune, was the Head of 
Panel of Maha Lok Adalat.  The order passed on the change report by 
the Lok Adalat reads thus:­
The application is filed to report the change in 
        respect   of   death/change   in   Trustee 
            Committee/change in address.
2. In support of the application, the applicant has 
          filed   copy   of   previous   change   report/death 
               extract/proof   of   change   in   address/copy   of 
                    notice/service   proof/attendance   roll/copy   of 
                       proceeding   book/no   objection   of   outgoing 
                           trustees/consent   of   incoming   trustees   and 
                               affidavit.
3.

“1. 
O R D E R 
The application is allowed.
The reported change has been accepted.
3) Necessary entry be made in P
       .T. Register.
4) 
3.
1) 2) 
The   matter   is   uncontested.     All   these 
documents collectively show that the trust has 
followed due  procedure to report the  change. 
Hence, order:­
Disposed in Maha Lok­Adalat.”
We have perused the provisions of Section 22 of the said 
Act.     Under   Section   22   of   the   said   Act,   the   Assistant   Charity 
Commissioner is under an obligation to hold an inquiry on the basis of 
the change report and to come to a conclusion whether a change has 
been effected.   The order records that the change report is uncontested. 

A finding has been recorded on  the  basis of  the  documents that the 
4.
Trust has followed due procedure.
We   have   carefully   perused   the   provisions   of   the   Legal 
Services   Authorities   Act,   1987   and   in   particular     Section   20   thereof. 
Prima facie, we are of the view that if there is no settlement arrived at 
before the Lok Adalat,  the obligation of the Lok Adalat is to return the 
record of the case to the concerned Court for disposal in accordance 
with law.   Prima facie, it appears to us that the Lok Adalat does not get 
jurisdiction to decide the case referred to it on merits on the ground 
that the case is not contested.
5.
From the nature of the order which we have quoted above, 
we get an impression that the order is in a preconceived format which 
may have been used in several cases.   
6.
Prima facie, it appears to us that Lok Adalat could not have 
passed the orders on merits of the change report.   We, therefore, issue 
notice   for   final   disposal,   returnable   on   22 nd  December   2014.     To   be 
listed   high   upon   board.     In   addition   to   the   service   through   Court, 
private service is permitted.   For the time being,  we dispense with the 
notice to the first to third Respondents.

7.

We   direct   the   Charity   Commissioner   of   the   State   of 
Maharashtra to call for the report from the office of the Deputy Charity 
Commissioner/Assistant   Charity   Commissioner,   Pune   Region,   Pune, 
indicating how many change reports were placed before the Maha Lok 
Adalat   held   on   16th  September   2012   and   how   many   change   reports 
have   been   disposed   of,   though   there   was   no   settlement   arrived   at 
8.
before the Lok Adalat.   
The  Advocate   on  record  for   the  Petitioner   shall  serve  an 
authenticated copy of this order to the learned Charity Commissioner, 
Maharashtra State, who shall act upon the authenticated copy of this 
order. 
9.
We direct the Registrar (Judicial­I) to forward a copy of this 
order   to   the   Secretary   of   the   Maharashtra   State   Legal   Services 
Authority.
  (A.S.GADKARI, J)
( A.S. OKA, J ) 

Print Page