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2025 DAILYLAW 10689 (AP)

G.Suresh, v. The Lok Adalath Held at Hindupur

WP/6380/2024 · 2025-09-08

R Raghunandan Rao, T C D Sekhar

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Judgment text

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APHC010121722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI i (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6380 OF 2024 Between: 1. G.Suresh,, W/o. Late Guthi Narayanappa, Aged 36 years, Occ Cultivation, R/o.D.No.7/119, Old SC Colony, Gandhi Nagar, Parigi Village and Mandal, Sri Sathya Sai District Erstwhile Anantapur District 2. G.Venkatesh, S/o. Late Guthi Narayanappa, R/o.D.No.7/119, Old SC Colony, Aged 26 years, Occ Gandhi Nagar, Parigi Cultivation, Village and Mandal, Sri Sathya Sai District Erstwhile AnantapurDistrict. 3. G.Padmavathi W/o. Aswarthanarayana, Cultivation, R/o.D.No.7/119, Old SC Colony, Aged 33 years, Occ Gandhi Nagar, Parigi Village and Mandal, Sri Sathya Sai District Erstwhile Anantapur District. 4. G.Sumithra,, D/o. Late Guthi Narayanappa, R/o.D.No.7/119, Old SC Colony, Aged 28 years, Occ Gandhi Nagar, Parigi Village and Mandal, Sri Sathya Sai District Erstwhile Anantapur District. Cultivation, ...Petitioners AND 1. The Lok Adalath Held at Hindupur, (Organized by the Mandal Legal Services Committee Hindupur) Rep. by its Chirman Hindupur. Lok-Adalat, 7 / 2. S Ramanjappa, S/o. Late Narayanappa Aged about 52 years, Occ Cultivation, R/o.D.No.26-4-303, Melapuram, Hindupur, Sri Sathya Sai District, Erstwhile Anantapur District. (Plaintiff in OS.No.03of 2023) 3. Chinna Subbanna Gari Sanjeevamma, W/o. Chinna Subbanna Gari R/o.D.No.5-102, Sri Sathya Sai District, Kristappa, Aged about 63 years, Occ: Housewife, Chakalaveedhi, Parigi Village and Mandal, Erstwhile Anantapur District. 4. K Savithramma, W/o. K.Eswaraiah, Aged about 56 years, Occ Housewife, R/o.D.No. 1-1-90, Abad Peta, Hindupur, Sri Sathya Sai District, Erstwhile Anantapur District. (3 and 4 are Defendants in OS.No.03 of 2023) ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction more particularly in the nature of Writ of Certiorari calling for records relating to and in connection with the Lok Adalath Award dated 18.03.2023 before the Lok Adalat held at Hindupur (Organized by Mandal Legal Services Committee, Hindupur in O.S.No.03 of 2023 on the file of the Senior Civil Judge Court, Hindupur by misrepresenting the facts and without proper parties to the award is illegal, arbitrary and against to principles of natural justice and violative of Legal Authorities Act, 1987 and violative of Articles 21 and 300-A of the Constitution of India and consequently quash/set- aside the same. Services lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Lok Adalath Award dated 18.03.2023 before the Lok Adalat held at Hindupur (Organized by Mandal Legal Services Committee, Hindupur in O.S.No.03 of 2023 on the file of the Senior Civil Judge Court, Hindupur, Anantapur District. Counsel for the Petitioners: SRI P NARAHARI BABU Counsel for the Respondent No. 2: SRI N RANGA REDDY Counsel for the Respondent Nos. 3 and 4: SRI P V VENKATA RAVI SANKAR. The Court made the following order: / / ksm // APHC010121722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6380/2024 Between: 1.G.SURESH,, W/0. LATE GUTHI NARAYANAPPA, AGED 36 YEARS, OCC CULTIVATION, R/O.D.NO.7/119, OLD SC COLONY, GANDHI NAGAR, PARIGI VILLAGE AND MANDAL, DISTRICT ERSTWHILE ANANTAPUR DISTRICT. SRI SATHYA SAI 2.G.VENKATESH. , S/0. LATE GUTHI NAR.AYAN.APPA, YEARS, OCC CULTIVATION, R/O.D.NO.7/119, OLD SC COLONY, GANDHI NAGAR, PARIGI VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. AGED 26 3.G.PADMAVATHI,, W/0. ASWARTHANARAYANA, AGED 33 YEARS, OCC CULTIVATION, R/O.D.NO.7/119, OLD SC COLONY, GANDHI NAGAR, PARIGI VILLAGE AND MANDAL, DISTRICT ERSTWHILE ANANTAPUR DISTRICT. SRI SATHYA SAI 4.G.SUMITHRA,, D/0. LATE GUTHI NARAYANAPPA, AGED 28 YEARS, OCC CULTIVATION, R/O.D.NO.7/119, OLD SC COLONY, GANDHI NAGAR, PARIGI VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. ...PETITIONER(S) AND 1.THE LOK ADALATH HELD AT HINDUPUR, (ORGANIZED BY THE MANDAL LEGAL SERVICES COMMITTEE HINDUPUR) REP. BY ITS CHIRMAN, LOK-ADALAT, HINDUPUR. 2 2.S RAMANJAPPA, S/0. LATE NARAYANAPPA AGED ABOUT 52 YEARS, OCC CULTIVATION, R/O.D.NO.26-4-303, MELAPURAM, HINDUPUR, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTAPUR DISTRICT. (PLAINTIFF IN OS.NO.03 OF 2023) 3.CHINNA SUBBANNA GARI SANJEEVAMMA, W/0. CHINNA SUBBANNA GARI KRISTAPPA, AGED ABOUT 63 YEARS, OCC HOUSEWIFE, R/O.D.NO.5-102, CHAKALAVEEDHI, PARIGI VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTAPUR DISTRICT. 4.K SAVITHRAMMA, W/0. K.ESWARAIAH, AGED ABOUT 56 YEARS, OCC HOUSEWIFE, R/O.D.NO. 1-1-90, ABAD PETA, HINDUPUR, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTAPUR DISTRICT. (3 AND 4 ARE DEFENDANTS IN OS.NO.03 OF 2023) ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an order, writ or direction more particularly in the nature of Writ of Certiorari calling for records relating to and in connection with the Lok Adalath Award dated 18.03.2023 before the Lok Adalat held at Hindupur (Organized by Mandal Legal Services Committee, Hindupur in O.S.No.03 of 2023 on the file of the Senior Civil Judge Court, Hindupur by misrepresenting the facts and without proper parties to the award is illegal, arbitrary and against to principles of natural justice and violative of Legal Services Authorities Act, 1987 and violative of Articles 21 and 300-A of the Constitution of India and consequently quash/set- aside the same and pass lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the Lok Adalath Award dated 18.03.2023 before the Lok Adalat held at Hindupur (Organized by Mandal Legal Services Committee, Hindupur in O.S.No.03 of 2023 on the file of the Senior Civil Judge Court, Hindupur, Anantapur District, and pass Counsel for the Petitioner(S): 1.P NARAHARI BABU Counsel for the Respondent(S): 3 1.S LAKSHMINARAYANA REDDY(SC FOR GVMC) 2.P V VENKATA RAVI SANKAR and Dr. P.B Reddy 3.N RANGA REDDY 4 Th0 Court made the following Order; (Per Hon’ble Sri Justice R. Raghunandan Rao) The 2"'^ respondent had filed O.S.No.3 of 2023 before the Senior Wil Judge Court, Hindupur, against the respondents 3 & 4, for specific performance of an agreement of sale dated 22.04.2018, in relation to the land situated in various survey numbers of Parigi village fields and Panchayath area, Sri Sathya Sai District. During the course of the suit, the 2'^'^ respondent, on one hand and the respondents 3 & 4, on the other hand, are said to have arrived at a settlement and got the same placed before the Lok-Adalath, at Hindupur, organized by the Mandal Legal Services Committee, Hindupur -18.03.2023 and an award was passed in terms of the compromise. Under this award, the respondents 3 & 4 admitted the receipt of the entire sale consideration and agreed to execute the necessary registered sale deed, in favour of the 2^^ respondent. on 2. The Writ Petitioners herein have now challenged the said award dated 18.03.2023, passed by the Lok-Adalat at Hindupur, organized by Mandal Legal Services Committee, Hindupur, by way of the present Writ petition. The contention of the petitioners is twofold. Firstly, the property which is the subject matter of the award, is also the subject matter of a suit, bearing O.S.No.22 of 2019, filed by the respondents 3 & 4, before the Additional District Judge Court, Hindupur, against the petitioners herein, for partition of the said property. The fact that the respondents 3 & 4 have filed such a suit is a clear admission that they do not have title over the entire property, even according to their own version. In such circumstances, there could not be award or a settlement under which the respondents 3 & 4 can sell the property to the 2'^^ respondent. Secondly, the learned counsel appearing for the respondents 3 & 4, in the suit as well as the award proceedings before the Lok-Adalath, was also sitting as a member of the very same Lok-Adalath. It is contended that the entire exercise was a malafide exercise which requires to be set aside. an ) 5 3. Heard Sri P. RajKuma Sn P. Narahari Babu Ravi Shankar appearing for the f, learned counsel appearing on behalf of and Sri P.v. Venkai. Reddy, learned learned and Sri S. counsel for the petitioners Lakshminarayana cou Is respondents. 4. The fact that the before the Additional herein, for respondents 3 & 4 had filed District Judge Court \ ■ O S.No.22 of 2019, Hindupur, against the petitioners partition of very same property, is sufficient respondents 3 & 4 admit entire to hold that the to the fact that they do not have ownership over the property. Further, the petitioners, also have a claim over the which requires to be determined i of settlement and property in the suit. In such cicircumstances, filing terms getting an award passed on the said terms pendency of O.S.N0.22 of 2019 without disclosing the of facts of settlement amounts to suppression as well as fraud. 5. Apart from this, respondents 3 & 4 j the curious fact, that the learned tho appearing for the counsel Hi oceedings of very same Lok-Adalath, is set aside. in the said suit and the Lok-Adalath, sufficient to hold that the was sitting as a member of the proceedings require to be 6. For all the aforesaid reasons, the award dated organized by Mandal Legal Services IS set aside and the Writ Petition is no order as to costs, applications, if passed by the Lok-Adalat Committee, Hindupu allowed 18.03.2023, at Hindupur, r held on 18.03.2023, i accordingly. There shall be As a sequel, pending miscellaneous any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTOIN OFFICER To, 1. The Chirman, Lok Adalath Held at Hindupur, (Organized by the Mandal Legal Services Committee Hindupur) Lok-Adalat, Hindupur. 2. One CC to Sri. P Narahari Babu Advocate [OPUC] / 3. One CC to Sri. S Lakshminarayana Reddy(SC for GVMC) [OPUC] 4. One CC to Sri. P V Venkata Ravi Sankar Advocate [OPUC] 5. One CC to Sri. N Ranga Reddy Advocate [OPUC] 6. Two CD Copies / / GSC HIGH COURT DATED:09/09/2025 ORDER WP NO. 6380 OF 2024 S 2 3 SEP 2025 ^ . Curreni; ejection , ALLOWING THE WP WITHOUT COSTS