Shaik Dilshad v. The District Legal Services Authority
WP/1975/2023 · 2025-08-03
R Raghunandan Rao, T C D Sekhar
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 5005 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5005 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
r APHC010039882023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST 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: 1975 OF 2023 Between: Shaik Dilshad, W/o. Sk.Babu, aged about 59 years, R/o.Geethanjai i Apartment Gayatri Nagar, Kavali, SPSR Nellore District Andhra Pradesh ...Petitioner AND . 1. The District Legal Services Authority, Ongole, Prakasam District, AP Rep.by its Secretary
2. Puvvada Venkata Subbaiah, S/o. Sanjeeva Rao, Aged 46 years, R/o. A.V.N.Residency Plot No.104, 0pp. Gayathri Mandiram Mangamoor Road, Ongole, Prakasam District, Andhra Pradesh ...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 a Writ of Certiorari to call for the records relating to the impugned Lok Adalat Award dt.26-06-2022 passed in O.S.No. 1093/2019 the file of the ISt respondent and quash the same as being illegal, arbitrary as obtained by misrepresentation and playing fraud on. the court by the respondent no.2 on
lA NO: 1 OF 2023 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 operation of the Award dt.26-06-2022 passed in O.S.No.1093/ 2019 on the file of the 1st Respondent pending disposal of the above writ petition Counsel for the Petitioner: M/S. KAVITHA GOTTIPATI Counsel for the Respondents No.2: SRI NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondents: S LAKSHMINARAYANA REDDY The Court made the following order:
I APHC010039882023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3541] MONDAY. THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION NO: 1975/2023 Between: 1.SHAIK DILSHAD, W/0. SK.BABU AGED ABOUT 59 YEARS, R/O.GEETHANJALl APARTMENT GAYATRI NAGAR, KAVALI, SPSR NELLORE DISTRICT ANDHRA PRADESH ...PETITIONER AND 1.THE DISTRICT LEGAL SERVICES AUTHORITY, ONGOLE PRAKASAM DISTRICT, AP REP.BY ITS SECRETARY 2.PUVVADA VENKATA SUBBAIAH, S/0. SANJEEVA RAO, AGED 46 YEARS, R/O. A.V.N.RESIDENCY PLOT NO.104, OPP.
GAYATHRI MANDIRAM MANGAMOOR ROAD, ONGOLE, DISTRICT, ANDHRA PRADESH PRAKASAM ...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 a Writ of Certiorari to call for the records relating to the impugned Lok Adalat Award dt.26-06-2022 passed in O.S.No.1093/2019 on the file of the ISt respondent and quash the arbitrary as obtained by misrepresentation and playing fraud on the court by the respondent no.2 and pass same as being illegal
2 RRR,J & TCDS,J W.P.No.1975 of 2023 lA NO:
1 OF 2023 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 operation of the Award dt.26-06-2022 passed in O.S.No.1093/ 2019 on the file of the 1st Respondent pending disposal of the above writ' petition and pass lA NO: 1 OF 2025 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 receive the Counter Affidavit on record by allowing the Leave Petition in the above Writ Petition and pass Counsel for the Petitioner:
1.KAVITHA GOTTIPATl Counsel for the Respondent(S):
1. NAGA PRAVEEN VANKAYALAPATI 2.S LAKSHMINARAYANA REDDY
3 RRR,J & TCDS,J W.P.No.1975 of 2023 The Court made the following Order: (perHon’ble Sh Justice R. Raghunandan Rao) respondent herein, had filed O.S.No.1093 of 2019 on the file of the learned Principal Junior Civil Judge, Ongole, for specific performance of Agreement of Sale. This Suit was settled, in the Lok Adalat, conducted by the 1®^ respondent and an award, dated 26.06.2022, was passed. Under this Award, the petitioner was executed a deed of sale in favour of the 2 I nd The 2 an nd respondent.
2 The petitioner has approached this Court, contesting the said Award and seeking a Writ of Certiorari for setting aside the said award. The ground raised by the petitioner is that, she had been promised an amount of Rs.80,000/-, which would be paid as an additional consideration and that, such additional consideration had not been paid despite execution of the deed of sale in favour of the 2"'‘ respondent. 3 The petitioner contends that, the Award had been obtained as the promise made by the 2 respondent, in clear breach of promise has refused to pay a sum of nd respondent has not been fulfilled and that the 2 nd Rs.80,000/-. The learned counsel appearing for the 2'"'^ respondent would contend that, the award itself records that the balance amount of Rs.80,000/- had been paid to the petitioner, on 26.06.2022 itself and as such, no further amount is needed to be paid out. 4. % 4 RRR,J & TCDS,J W.P.No.1975 of 2023 In view of the fact that the award itself records payment of Rs.80,000/-, we do not find any merit in the contention raised by the petitioner that additional amount of Rs.80,000/- was required to pay and that, such amount had not been paid. 5. an an
6. In that view of the matter we do not find any reason to intervene in the present Writ Petition and we find support for this view in the Judgment of this Court in the case of Smt. Dowlath Bee & another Vs. Sri T. Mahaboob Basha & another, dated 31.07.2024, in W.P.No.13558 of 2023. 7. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous applications if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// // SECTION OFFICER To,
1. One CC to M/s. Kavitha Gottipati, Advocate [OPUC]
2. One CC to Sri Naga Praveen Vankayalapati, Advocate [OPUC]
3. One CC to Sri S Lakshminarayana Reddy, Advocate [OPUC]
4. Two CD Copies. gsg
HIGH COURT DATED: 04/08/2025 ORDER WP NO. 1975 OF 2023 I 16 SEP 2025 ^ . Current Section .
* bY m.
DISMISSING THE WP WITHOUT COSTS