1 APHC010470742021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] TUESDAY,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 28348/2021 Between: Purimatla Sivamurthy, ...PETITIONER AND The Lok Adalat Bench and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. S LAKSHMINARAYANA REDDY 2. R RAMANJANEYULU The Court made the following: (per Hon’ble Sri Justice R. Raghunandan Rao) The petitioner herein had purchased Ac.2.25 cents in Sy.No.329/2 and Ac.1.64 cents in Sy.No.169/1C of Puchakayalamada Village, Pattikonda Village, Kurnool District, by way of a Registered Deed of Sale, dated 02.06.2016, registered as document No.1795 of 2016, on the file of Sub- 2 Registrar, Pattikonda, from the 3rd respondent herein. The petitioner is said to have purchased this property after the 3rd respondent has assured him that the property had fallen to his share through family partition. It is stated that the petitioner after purchase of the property, had planted groundnut saplings, in July, 2020, and that the respondents 3 and 5 tried to interfere with his physical possession over the land in the month of December, 2020. The petitioner is said to have a complaint in this regard and the same was registered as Crime No.430 of 2020, dated 16.12.2020, by the Station House Officer, Pattikonda. The petitioner is also said to have filed O.S.No.170 of 2021, before the Principal Junior Civil Judge, Pattikonda seeking permanent injunction against the 3rd respondent and persons claiming through under him. An ad-interim injunction, dated 17.08.2021, is also said to have been issued by the Principal Junior Civil Judge, Pattikonda in I.A.No.260 of 2021 on 17.08.2021. 2. The petitioner states that he had subsequently come to know that the 2nd respondent, who is an aunt of the 3rd respondent had filed O.S.No.223 of 2020 before the Junior Civil Judge, Pattikonda contending that the 5th respondent who is the son of 3rd respondent, and the 4th respondent who is the grandson of the 3rd respondent had equal rights over the aforesaid land and the same requires to be partitioned between the four of them into four shares. This suit is said to have been compromised before the Lok-Adalat 3 Bench at Pattikonda and an award was passed by the Lok-Adalat, on 11.09.2021. 3. The petitioner being aggrieved by the said Lok-Adalat award has filed the present writ petition challenging the said Lok-Adalat award. The case of the petitioner is that the respondents 2, 3 and 5 have conspired to file the present suit and obtained an award by suppressing facts so as to deny the right and title of the petitioner over the suit land. It is further contended that a fraud was perpetrated, on the Lok-Adalat, by suppressing the fact that the land had already been sold by the 3rd respondent, to the petitioner herein. The 3rd respondent has filed a counter affidavit, stating that he was unaware of the fact that the land had been sold to the petitioner. The 3rd respondent contends that he used to act as an agent for the petitioner, for the purposes of purchase of Bengal gram from the local farmers. However, the petitioner did not pay the amounts due to the farmers, who threatened the 3rd respondent for recovery of their dues. In that situation, the petitioner is said to have pressurized the 3rd respondent to execute a mortgage over his property before releasing the money payable to the farmers. The 3rd respondent contends that he is an illiterate person, who did not know the nature of the document that was executed by him and that he has realized that the document signed by him was a document of sale. It is further stated that a criminal case has also been filed by the 3rd respondent against the petitioner and the same has been registered as Crime No.254 of 2021, before the Pattikonda Police Station, 4 Kurnool District. The other private respondents have also taken a similar stand. 4. The version of the 3rd respondent, on the face of the pleadings, is highly suspect. It is difficult to understand as to how a person who has to pay money to the farmers can pressurize his agent to mortgage the property of the agent to him for the purposes of releasing the amounts payable to the farmers. 5. The registered documents, placed before this Court, clearly show that the 3rd respondent had sold away the property in question, in the year 2016 itself. The subsequent filing of the suit in the year 2020 and the suppression of facts relating to the sale of the land, by the 3rd respondent, can only lead to the conclusion that a fraud was played on the Lok-Adalat and the award, dated 11.09.2021, was obtained by such means. 6. In the circumstances, this Court does not have any hesitation to hold that the award of the Lok-Adalat, dated 11.09.2021, has been obtained by suppression of fact and fraud and requires to be set aside. 7. Accordingly, this Writ Petition is allowed setting aside the Lok- Adalat award, dated 11.09.2021, passed by the 1st respondent in L.A.C.No.107 of 2021 in O.S.No.223 of 2020 on the file of Junior Civil Judge, Pattikonda. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions, if any, shall stand closed. _____________________________ R RAGHUNANDAN RAO,J ______________________ DR. K. MANMADHA RAO,J RJS 6 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO & HON’BLE SRI DR. JUSTICE K. MANMADHA RAO WRIT PETITION NO: 28348 of 2021 (per Hon’ble Sri Justice R. Raghunandan Rao) Dt: 25.03.2025 RJS