Allahabad High Court
SMT NATTHO DEVIversusSTATE OF UP AND 7 OTHERS
- Decided
Holding
The court held that the writ petition cannot be entertained due to inordinate delay and lack of prejudice, and therefore the order of the Permanent Lok Adalat stands.
Summary
The petitioner, Smt Nattho Devi, filed a writ petition challenging an order of the Permanent Lok Adalat dated 20‑06‑2022 that directed the repair of a drainage obstruction in a village. The petition was filed more than four years after the order, after an execution proceeding was initiated by the contesting respondents. The court observed that the petitioner had taken no steps to implement the order and that her delay could not be condoned. It further held that the petitioner, possessing only administrative authority and no financial power, suffered no prejudice. Consequently, the court found no ground to interfere with the Permanent Lok Adalat's order, though it suggested that in the execution proceeding the bank account be allowed to operate except for the amount needed for execution. The writ petition was therefore disposed.
Issues considered
- Whether the writ petition filed after a delay of more than four years can be entertained.
- Whether the petitioner suffers any prejudice that warrants interference with the Permanent Lok Adalat order.
- Whether the court has jurisdiction to set aside or modify the order of the Permanent Lok Adalat after such delay.
Subjects
- Permanent Lok Adalat
- writ petition
- delay
- execution proceeding
- administrative power
- prejudice
- order interference
- drainage obstruction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 5941 of 2026
Smt Nattho Devi
.....Petitioner(s)
Versus
State Of Up And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lakshmi Kant Trigunait, Rajesh, Ravi
Lal Gupta
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri L.K. Trigunait, learned counsel for petitioner and Sri Deepak
Sharma, Advocate for contesting-respondents.
2. Impugned order dated 20.06.2022 was passed by Permanent Lok
Adalat and operative part thereof is reproduced hereinafter:
"प्रार्थी/परिवादी का यह परिवाद आंशिक रूप से स्वीकार किया जाकर आदेश दिया जाता है कि
विपक्षी क्रमांक-2 लगायत-6 ग्राम पंचायत अलीपुर की गलियों में पथवारी माता मन्दिर से सुरेश
के मकान तक जिस खरंजे का निर्माण किया गया है और जिसके कारण गलियों में पानी रूक
गया है, उसे पूर्व की भाँति ठीक कर पानी के निकासी की व्यवस्था 2 माह के अन्दर किया जाना
सुनिश्चित करें।"
3. Said order is not challenged by any party including petitioner
immediately and it is now challenged by means of present writ petition,
i.e., after more than four years probably on ground that an execution
proceeding was initiated by contesting-respondents and account of Gaon
Sabha concerned was seized by order dated 11.11.2025, which is also
challenged.
4. An argument on behalf of petitioner is that initially she was under an
impression that aforesaid order will be challenged by State and
subsequently no permission was granted to her to challenge it. However,
WRIC No. 5941 of 2026
2
the Court finds that it cannot be a ground to condone delay since no action
was taken to implement the order passed by Permanent Lok Adalat by
petitioner.
5. Otherwise also, presently petitioner has only an administrative power
and she cannot exercise financial power, therefore, also petitioner is not
prejudice.
6. In aforesaid circumstances, there is no reason to interfere with
impugned order. However, it is observed that in execution proceeding it
would be better that except an amount determined on basis of material on
record for execution of award, for rest of amount the bank account be
permitted to operate.
7. With aforesaid observation, the writ petition is disposed of.
(Saurabh Shyam Shamshery,J.)
September 8, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
Checking your session…