Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC040010072024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/322/2024 Dangresha Kathak permanent resident of Roilang Village, PO Hayuliang, PS Khupa, Anjaw District, Arunachal Pradesh
VERSUS The State of AP and 3 Ors represented by the Commissioner, consumer Affairs, Govt of Arunachal Pradesh, Itanagar 791111 2:The Member Secretary Age: 0 Occupation : State Legal Service Authority Itanagar Arunachal Pradesh 791111 3:The Secretary Age: 0 Occupation : District Legal Service Authority Lower Dibang Valley District Roing 792110 4:Ngasi Mena Age: 53 Occupation : Son of Late Tibu Mena permanent resident of Village Mayu - II PO and PS Roing Lower Dibang Valley District Arunachal Prades
Page No.# 2/3 Advocate for the Petitioner : Sonam Tsomo, Chanya Bangsia,Aruna Rai,Tado Siga,k N Maling Advocate for the Respondent : GA (AP), T Rahul,Teshi Aaku,N Kanu,N Rama,Legal Aid Counsel,Taying Nega
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 22.01.2025
Heard Ms. T. Tsomo, learned counsel for the petitioner. Also heard Ms. T. Wangmu, learned Government Advocate appearing for the respondent nos. 1, 2 & 3; and Mr. N. Kanu, learned counsel for the respondent no. 4. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the award dated 09.12.2023 passed by National Lok Adalat in case no. CR-03/2023, organized by the District Legal Services Authority, Roing, which was instituted by the respondent no. 4. 3. The learned counsel for the petitioner submits that the learned Member who had passed the award, was the learned counsel for the respondent no. 4. 4. In view of the deliberation in Court on 20.01.2025, the learned Government Advocate has communicated with the learned Member of the National Lok Adalat, who is personally present in Court today. The said Member of the National Lok Adalat has tendered an unconditional apology, stating that she was unaware of the implications. The apology has been accepted. Therefore, we have not disclosed the name of the said learned Member/Advocate in this order. Page No.# 3/3
5.
In view of the circumstances referred above, this Court is of considered opinion that the award dated 09.12.2023, passed by National Lok Adalat that was held at the Court of Chief Judicial Magistrate-cum-Civil Judge (Senior Division), Roing, organized by the District Legal Services Authority, Roing, in the proceedings numbered as CR- 03/2023, is found to be vitiated and accordingly, the said award is set aside. 6. The matter is remanded back to the said National Lok Adalat concerned for a fresh award in accordance with law. The petitioner shall appear before the learned Member, District Legal Services Authority, Roing within a period of 1(one) month from the date of this order and produce a certified copy of this order. Therefore, the matter shall be placed before the next Lok Adalat for disposal. 7. This writ petition stands allowed to the extent as indicated above. 8. There shall be no order as to cost. JUDGE Comparing Assistant