LexSTATE OF PUNJAB AND ORS. versus MOHINDERJIT KAUR
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) STATE OF PUNJAB AND ORS. A v. MOHINDERJIT KAUR JANUARY 18, 2005 [ARIJIT PASAYAT AND S.H. KAPADIA, JJ.] B Precedent: ~ High Court-Disposing of a writ petition relying on decision in another c writ petition decided at Lok Ada/at which was subject matter of challenge in Supreme Court-Supreme Court setting aside the said decision and directing the High Court to decide the writ petition-Held, since the decision relied on by the High Court has been set aside by Supreme Court, impugned judgment cannot stand-Matter to be decided by High Court afresh in accordance with law-Practice and Procedure-Lok Ada/at-Cognizance of cases by. D State Government of Punjab tiled the present appeal challenging the decision of the High Court in the writ petition filed by the respondent, inter alia, claiming family pension from the date of death of her husband. The High Court disposed of the matter relying on Phu/an Rani's case,* disposed of at Lok Ada lat. The Supreme Court set aside the said decision E indicating as to which matters could be taken up by Lok Adalat for disposal; it restored the writ petition to its original position and directed the High Court to dispose of the writ petition.** Allowing the appeal, the Court F HELD: I. The High Court has merely relied on Phu/an Rani's case and held that merely because Phu/an Rani's case* was pending before the Supreme Court, there was no reason to defer the decision in the writ petition. Since the decision in Phu/an Rani's case has been set aside**, the impugned judgment cannot stand. The same is set aside and the matter is G remitted to the High Court for disposal of the matter afresh in accordance with law. (580-G-H; 581-A-B( > • *State of Punjab and Ors. v. Phu/an Rani and Anr., CWP No. 4708 of (2002) of Punjab and Haryana High Court decided at Lok Ada/at on 577 H 578 SUPREME COURT REPORTS (2005) I S.C.R. A 26.5.2003, stood overruled in State of Punjab and Ors. v. Phu/an Rani and • Anr., JT (2004) 6 SC 214. **State of Punjab and Ors. v. Phu/an Rani and Anr., JT (2004) 6 SC 214, relied on. B CIVIL APPELLATE JURISDICTION: Civil Appeal No. 563 of2005. c From the Judgment and Order dated 18.3.2004 of the Punjab and Haryana High Court in C.W.P.No. 15741 of 2003. Ms. Naresh Bakshi for the Appellants. R.S. Ahaluwalia, Sanjay Sarin, Ms. Manjusha Wadhwa and Ashok Mathur for the Respondent. The Judgment of the Court was delivered by D ARIJIT PASAYAT, J. Leave granted. The respondent filed Civil Writ Petition No. 15741/2003 before the Punjab and Haryana High Court, seeking a direction to the present appellants to allow family pension to her frcim the date of her husband late Shri Joginder Singh along with interest @18% from the date of accrual till the date of E realization and other benefits. In support of the claim, respondent placed reliance on a decision of the High Court in the case of State of Punjab and Ors. v. Phu/an Rani and Anr., CWP No. 4708/2002 decided on 26.5.2003. Though it was brought to the notice of the High Court that spedal leave petition was filed against the High Coun's order dated 26.5.2003, the High F Court proceeded to dispose of the matter relying on the decision in 1:he earlier case noted i.e. State of Punjab and Ors. v. Phu/an Rani and Anr. It was held that the case was squarely covered by the decision in Phu/an Rani's case (supra). It is to be noted that the writ petition in Phu/an Rani's case (supra) was G disposed of at the Lok Adalat and the writ petition to recall the order passed by the Lok Adalat was rejected and a review application made al:;o met the same fate. The matter was agitated by the appellant-State before this Court contending that the writ petition could not have been disposed of at the Lok Ada lat. H This Court held that the course adopted by the High Court was not .... + ) ' . STATE v. MOHINDERJIT KAUR [PASA YAT, J.] 579 proper. In State of Punjab and Ors. v. Phu/an Rani and Anr., JT (2004) 6 SC A 214 it was indicated as to which matters can be taken up by the Lok Adalat for disposal. It was inter alia held as follows: "The matters which can be taken up by the Lok Adalat for disposal are enumerated in Section 20 of the Act which reads as follows:- "Cognizance of cases by Lok Adalats:- ( I) Where in any case referred to in clause (i) of sub-section (5) of section 19 (i)(a) the parties thereof agree; or (b) one of the parties thereof makes an application to the
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