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Patna High Court

Khurshid AhmadversusGhulam Rabbaini and Ors

Decided
Disposal
CONSIGNED

Holding

The High Court dismissed the petition, refusing to set aside the National Lok Adalat order due to non‑compliance with the peremptory notice.

Summary

Petitioner Khurshid Ahmad filed a writ petition seeking to set aside an order dated 23 November 2013 passed by the National Lok Adalat in Vaishali, which had accepted a compromise petition between the two respondents. The High Court issued a peremptory notice to the respondents on 23 September 2025, which was not complied with. Consequently, the court dismissed the petition on 7 October 2025 for failure to comply with the notice. No substantive discussion on the merits of the compromise or the jurisdiction of the Lok Adalat was recorded. The petition was therefore dismissed without granting the relief sought.

Issues considered

  • Whether the order of the National Lok Adalat accepting a compromise can be set aside by the High Court.
  • Whether the petitioner complied with procedural requirements, including responding to the peremptory notice.
  • Whether the High Court has jurisdiction to entertain a writ petition challenging a pre‑litigation compromise under the Lok Adalat.

Subjects

  • National Lok Adalat
  • pre‑litigation suit
  • compromise petition
  • setting aside order
  • peremptory notice
  • High Court writ jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.20907 of 2018
                  ======================================================
                  Khurshid Ahmad Son of Nasiruddin Resident of Mohalla-Agarpur P.S.
                  Lalganj, District- Vaishali.
                                                                            ... ... Petitioner/s
                                                     Versus
            1.     Ghulam Rabbaini Son of Late Md. Nasruddin resident of Mohalla Agarpur,
                   P.S.- Laganj, District- Vaishall.
            3.    The State of Bihar through Law Secretary.
                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Brij Bihari Tiwary, Advocate
                  For the State            :      Mr. Prashant Pratap, GP-2
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

3    13-01-2026                    Heard the parties.

                                  2. The present petition has been preferred for the

                    grant of following relief(s):

                                                  “for setting aside the order dated
                                         23.11.2013 passed by the National Lok Adalat,
                                         Vaishali, Hajipur in pre-litigation suit No.
                                         202/2013 whereby and whereunder compromise
                                         petition entered into between the respondent no.
                                         1 and 2 has been accepted.”
                                  3. In this case on 23.09.2025, notice was issued to the

                    respondent nos. 1 and 2.

                                  4. As it was a peremptory order and not complied, it

                    stood dismissed on 07.10.2025.

                                  5. Perused the file, consigned.



                                                  (Rajiv Roy, J)
vinayak/-
U


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