Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 24556 OF 2023 Between:
1. M/s. Triplaar School of Learning, Edulapalem, rep. by its Managing Partner T.V.SambaSivarao, S/o. Late Balaramaiah, Hindu, Aged 63 years, R/ o. Edulapalem Post, Prathipadu Mandal, Guntur District. 2. Thirumala Venkata Sambasiva Rao, S/o. Bala Ramaiah, Hindu, Aged about 62 years, Occ. Business, R/o. Kanasanapalli Village, Agiripalli Mandal, Krishna District. ...PETITIONER(S) AND
1. M/s. Kalyani Ads, Guntur, Rep. by its Proprietor, Kamatam Sambasiva Rao, S/o. Punnaiah, Hindu, Aged about 63 years, Occ. Business, R/o. D.No. 6-5-67, 5/2, Arundelpet, Guntur District. 2. Kamatam Sambasiva Rao, S/o. Punnaiah, Hindu, Aged about 63 years Occ. Business, R/o. D.No. 6-5-67, 5/2, Arundelpet, Guntur District. 3. District Legal Services Authority, Rep. by its Secretary, Guntur, Guntur District. ...RESPONDENTS
sr- 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 appropriate writ order or orders direction more particularly one in the nature of writ of MANDAMUS to declare the award passed in P.L.C.No. 153/2010 on dated 02.09.2010 on the file of Lok- Adalat District Level, Guntur is null and void and liable to be set aside the same, as mandatory provision was not followed under Section 20 of the Legal Services Authority Act. 1987 and its regulations. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay of operation of the award passed in P.L.C. 153/2010 dated 02.09.2010 on the file of the District Legal Service Authority, Nyaya Seva Sadan, Guntur filed by respondent No.3.
Counsel for the Petitioner(s):SRI KINTALI DHARMA RAO Counsel for the Respondents No.1,2: SRI RAMA CHANDRA RAO GURRAM Counsel for the Respondent No.3: SRI S LAKSHMINARAYANA REDDY (SC FOR APSLSA) The Court made the following: ORDER
f- ’ APHC010474962023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3508] TUESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 24556/2023 Between: M/s. Triplaar School Of Learning and Others AND ...PETITIONER(S) ...RESPONDENT(S) M/s Kalyani Ads and Others Counsel for the Petitioner(S):
1.KINTALI DHARMA RAO Counsel for the Respondent(S):
1.S. LAKSHM INARAYANA REDDY (SC FOR APSLSA) 2.RAMA CHANDRA RAO GURRAM The Court made the following Order; (perHon'ble Sri Justice R. Raghunandan RaoJ The respondents 1 & 2 herein had sought recovery of certain sums of money from the petitioners herein, on the ground that they had carried out advertisements on behalf of the 1®' petitioner and had not been paid the charges for such advertisements. The matter was referred to the Lok-Adalat at District Level
2. Guntur as a Pre-Litigation Case. The reference was numbered as P.L.C.No.153 of 2010. In the said P.L.C, the petitioners as well as the respondents 1 & 2 have filed terms of compromise, on 02.09.2010. The Lok- Adalat at District Level, Guntur, had recorded the same and had issued an Award dated 02.09.2010. 2 Thereafter, the respondents 1 & 2 are said to have filed E.P.No.393 of 2017 before the learned II Additional District Judge, Guntur. 3. 4. During the pendency of the said Execution Petition, the petitioners have moved the present Writ Petition challenging the Award dated 02.09.2010 passed in P.L.C.No.153 of 2010 on the Lok-Adalat at District Level Guntur. Sri V. Venugopal Rao, learned Senior Counsel appearing on behalf of Sri Kintali Dharama Rao, learned counsel for the petitioners would
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submit that Section-20 of the Legal Service Authority Act, 1987 read with the of the National Legal Services Authority (Lok-Adaiats) Regulations Regulations, 2009 requires certain formalities to be complied with. He would submit that non-compliance of these mandatory regulations would render the award void and non-est. The Learned Senior Counsel would draw the attention of this Court to the Regulation No. 17 and the Judgment of a Division Bench of this Court in the case of Yalamarthi Narasimha Rao Vs. District Legal Services Authority (Lok-Adalath) at Vijayawada, Krishna District & Ors\ On the basis of the aforesaid Regulation and the Judgment, the Learned Senior Counsel would argue that every Award of the Lok-Adalat requires the signature or affixed thumb impression by the parties to the Award as well as the countersignatures of the Members of the Lok-Adalat, any failure with this requirements would rendered the Award as void and non-est. 6. 2022 (1) ALD 547 (AP) (DB)
-C L 3 / Learned Senior Counsel relying upon the certified copies of the Award dated 02.09.2010 would contend that the said Order does not appear to contain of signatures of the parties or the Members of the Lok-Adalat. 7. Ramachandra Rao Gurram,
learned counsel for the respondents 1 & 2 would contend that the actual Award in question, the terms of compromise and the consequent Award passed on the said terms of compromise, contained at Pages 22 to 25 would show that the both terms of compromise as well as the award has been signed by the parties and countersigned by the Presiding Officer of the Lok-Adalat. Sri
8. A perusal of these pages would show that the signatures of the parties as well as the Members of the Lok-Adalat are available both terms of compromise as well as the Award. In the circumstances, this Court must hold that the Judgment cited by the Learned Senior Counsel and as well as Regulation No. 17 of the Andhra Pradesh State Legal Services Authority, 1996 would not have any application.
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10. Accordingly, this Writ Petition is dismissed. There shall be no
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order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
SD/- G. HELA NAIDU assistAN'^EGISTRAR I^SEC-nON OFFICER //TRUE COPY// To,
1. One CC to SRI. KINTALI DHARMA RAO, Advocate [OPUC]
2. One CC to SRI. RAMA CHANDRA RAO GURRAM, Advocate [OPUC]
3. One CC to SRI. S. LAKSHMINARAYANA REDDY (SC FOR APSLSA), Advocate [OPUC]
4. Three C.D.Copies nm
HIGH COURT DATED:12/11/2024
ORDER WP.No.24556 of 2023 X 0 5 MAR ?fl75 I ^ Curreiu oecnon toll DISMISING THE WP WITHOUT COSTS