Whether lok adalat can not make directions to any department for the case filed in lok adalat,
Rajneesh Madhok
(Querist) 16 November 2012
This query is : Resolved
Whether Lok Adalat can not make directions to any department for the case filed in Lok Adalat,
*Whether the case filed before Lok Adalat has no right to make directions
As Food & Supplies Department, Punjab and Block Development & Panchayat officer had been violating their own policies in issue of Ration Card meant for Below Poverty Line i.e. Blue card issued by Punjab Government. The application under Lok Adalat filed at Phagwara Lok Adalat and the evidences with regard to the entitlement of the person who has been deprived of getting Ration card has been submitted with proofs. The lady whose family has been denied to issue the Ration Card meant for Below Poverty Line is a beggar and collect alms by door to door begging. Whether the beggar who collect alms by door to door begging can be issued Ration Card meant for Above Poverty Line. The Sarpanch has not attested her application for issuing ration card meant for Below Poverty Line. The repeated application submitted to Block Development and Panchayat Officer and Food & Civil Supplies Department as well as to Sarpanch of the Village. Both the concerned departments failed to heed the ear on the requests.
The Case filed before the Lok Adalat is lingering on from the last one year in the court. On the last hearing the Presiding Officer said that though both of the departments have not issued her the Ration Card meant for Below Poverty Line and both of the departments says that such Ration Cards are being issued as per the directions of the Central and State Governments, As now there is no such directions so the card will not be issued to that lady and her family.
CONSIDERABLE POINTS THAT THE PRESIDING OFFICER SAID IN LAST HEARING:
1. That the Lok Adalat can not make directions to any department for the case filed in Lok Adalat, we can amicably resolve the matter only.
2. Provide me the powers empowered to Lok Adalat in which the Presiding officer can make directions to the parties if the matter is not amicably resolved.
3. Tomorrow is the last date to decide in the matter and Presiding officer has given deadline that the case will be decided tomorrow if you fail to provide the rules that Lok Adalat has been empowered to make directions.
4. That under Lok Adalat the Presiding officer and the members have not empowered to make directions, THE PRESIDING OFFICER SAID THAT PERMANENT LOK ADALAT HAS BEEN EMPOWERED TO MAKE DIRECTIONS (WHICH IS DISTRICT BASED COURT). WILL ANY BODY WILL PROVIDE DETAILS WHAT IS THE DIFFERENCE BETWEEN LOK ADALAT AND PERMANENT LOK ADALAT AND HOW THE PERMANENT LOK ADALATS ARE EMPOWERED TO MAKE DIRECTIONS AND LOK ADALTS ARE NOT EMPOWERED TO DIRECT TO THE CONCERNED DEPARTMENTS.
5. In the petition placed before the Presiding officer of Lok Adalat it has been proved that the departments have failed to comply with the rules set by their own departments. When it is proved that the violations to the rules have been made then whether the Lok Adalat is not empowered to direct the departments concerned to comply with the rules.
6. That when the representations, followed by legal notice and the written submission and arguments have been made and lastly the new funda that the Petitioners case is that though the Respondent authorities are violating their own policies but the directions can not be made to the Respondents, so in view of the above mentioned points the case will be disposed of and the beneficiary will be deprived of their rights. WHETHER IT IS NOT THE INFRINGEMENT OF LEGAL RIGHTS OF THE PUBLIC.
7. WHETHER WE CAN’T REQUEST TO THE LOK ADALAT AT THIS STAGE THAT KINDLY PROVIDE DIRECTION TO THE RESPONDENTS TO TAKE COGNISANCE OF THE REPRESENTAION/ LEGAL NOTICE RECEIVED ON BEHALF OF THE PETITIONERS AND REDRESS THEIR GRIEVANCES AIN ACCORDANCE WITH LAW/POLICY BY PASSING A SPEAKING ORDER WITHIN A STIPULATED PERIOD.
8. That the Opposite parties failed to produce before the court why not the Ration Card has been issued to the Deprived persons of the society.
9. Whether the Court has not been empowered to Issue any direction. Whether the Lok Adalat .
10. Whether the LOK Adalat can not decide on the matter of principles, and a public cause.
11. That the public knocked the door of the court to get justice if it is proved that there are violations of rules and if the officials are not following the rules framed by their department then whether the dispute arose and the matter should be disposed of without any directions in the matter.
12. Whether the citizens can be deprived of Food and Kerosene and other items due to No directions to issue fresh Ration card from more than 10 years by the State / Central Government.
13. IN BRIEF THERE IS NO SHORTAGE OF FOOD GRAINS AND PROTECTIVE FOODS IN THE COUNTRY BUT THE ACCESS TO POOR ER SECTION OF SOCIETY TO FOOD, FOR WHICH THOSE POLICIES HAVE BEEN FRAMED UNDER PUBLIC DISTRIBUTION SYSTEM AT THE SUBSIDIZED RATES TO ISSUE FOODGRAINS, PULSES, IILS, FUEL OIL (KEROSENE) ETC. THE FACT IS THAT IN REALITY THE MAJOR PART OF THESE COMMODITIES NEVER REACH THE TARGETED POPULATION AND THOSE ITEMS ARE BEING DIVERTED TO MARKETS BY POLITICIANS, BUREAUCRATS AND THEIR CRIMINAL SYDICATES. AND WHEN THE APPLICATION IN THIS REGARD HAS BEEN PUT BEFORE THE LOK ADALAT, THE SAID COURT AFTER ONE YEAR OF CONTINUOUS HEARINGS NOT CONSIDERING THE REAL ASPECTS OF JUSTICE.
14. It is the corruption, diversion of Foodgrains and other essential commodities meant for the poor to the open market by the mafias, wastages and mismanagement of stocks that are adversely and very seriously affecting the supplies to the targeted beneficiaries.
15. When the guidelines have not been implemented then how the justice can be provided to the public.
Rajneesh Madhok,
B-xxx/63, Nehru Nagar,
St. No 2, Railway Road,
Phagwara-144401 (Pb)
Ph: 01824-262569 (O), 268210 (R), 094173-06415 (M)
Tele-fax: 01824-262569, E-mail: rmadhok_pgm@bsnl.in ; rajneesh_madhok@yahoo.com
Devajyoti Barman
(Expert) 16 November 2012
Lok Adalt can not pass any directions upon anybody unless both the parties agree on certain point.
It is a facilitating body for the purpose of making amicable settlement having no jurisdiction to try any dispute between them.
R.K Nanda
(Expert) 16 November 2012
contact local lawyer.
V R SHROFF
(Expert) 16 November 2012
consent & settlement is turning into AWARD of Lok Adalat/ (non appeal able.)
Disputes and directions have no room there.
Rajneesh Madhok
(Querist) 17 November 2012
Thanx Devajyoti Barmanji, R.K. Nandaji and V.R. Shroff ji, I could not find any sort of provision to make directions under Lok Adalat as Presiding Officer Cum Chief Judicial Magistrate has directed in last hearing to submit me the evidences that I have empowered to make directions in Lok Adalat. I hope the matter will be unresolved without any direction and will be disposed off.
Rajneesh Madhok
(Querist) 17 November 2012
The petition has been dismissed after one year of hearings, submission of required documents on the plea that under Lok Adalat both of the parties should be agreed to one point when one of the party don't agree to issue the ration card then it will not be provided to you. On my request to provide the copy of order, The Presiding officer cum Chief Judicial Magistrate said the Consequential copy of order will be provided to you when you apply for the copy of order with the court.
Rajneesh Madhok
(Querist) 17 November 2012
Copy of final order or of order consequential nature, shall be provided on applying for the same to the court. Whether One can appeal against the order to the Appellate Authority with regard to the decision made.
Devajyoti Barman
(Expert) 17 November 2012
If you are agrreived by the order then file appeal before the appellate body.
Rajneesh Madhok
(Querist) 17 November 2012
Sir the main issue is that the sufferer is the old lady who belongs to down to earth and earns livelihood by begging (collecting alms from door to door begging). Now come to the point that if the department don't agree to issue Ration Card meant for Below Poverty Line to the person who is down to earth and earning her livelihood by collecting not more than Rs 30 and she has to live with such a meagre amount. She and her family is deprived of her rights. It is infringement of the legal rights of that lady. We approach the courts for providing directions if the fundamental rights of the persons are being infringed. If opposite parties had agreed to issue the Ration card meant for below poverty line to beggar then the dispute would have not been arisen. This occured because the opposite parties has not honoured her requests. Sir whether the decision of Lok Adalat is full and final or we can appeal against the order to the Appellate Authority. Secondly in this case who will be the Appellate Authority. I shall upload the copy of decision to seek guidance from the members. Whosoever will guide in this matter will be blessed by almighty as the poor lady has been earning her livelihood with too much struggle and the courts are not providing justice to her. Previously after paying fees for issue of Water Supply connection, She had not been provided the Water Supplies connection by the Water Supply and Sanitation committee, the relief in this matter had been given by District consumer Disputes Redressal Forum, Kapurthala and the connection has been released with consumer Forum's intervention. http://164.100.72.12/ncdrcrep/judgement/1245111017113416831Phool%20Bahar.html
