Bhopal (Madhya Pradesh): The Supreme Court has set aside Madhya Pradesh High Court orders that had refused to entertain a writ petition challenging a Lok Adalat decree arising from a disputed property transaction in Jabalpur.
The Court held that a Lok Adalat award, which is treated as a decree under Legal Services Authorities Act, can be challenged only before High Court under Articles 226 and 227, and not through execution proceedings or any ordinary civil remedy.
A bench of Justices Vikram Nath and Sandeep Mehta ruled that the High Court erred in declining to examine the petitioner’s challenge merely because objections had already been filed before the Executing Court. The bench clarified that executing courts have no jurisdiction to annul or reopen a Lok Adalat award, and objections filed to prevent dispossession cannot be termed an “alternative remedy.”
Senior Advocate Siddharth R Gupta, appearing for the appellant, said the appellant, a bona fide purchaser in possession, had challenged a compromise decree passed by the Lok Adalat on May 14, 2022, allegedly procured by fraud and behind his back.
That decree had triggered execution proceedings for delivery of possession. Both the single bench and division bench had rejected his plea, holding that he must pursue objections before the Executing Court where challenges to the decree were already pending.
Reversing those findings, the Supreme Court reaffirmed that the only legally recognised mode to assail a Lok Adalat award is through writ jurisdiction before constitutional courts. The matter has been remanded to Madhya Pradesh High Court for fresh consideration on merits at the earliest.
The Court also directed appellant to withdraw his execution objections within four weeks and ordered that he shall not be dispossessed from the property until the High Court decides the matter afresh on merits.
