Andhra Pradesh High Court - Amravati
G Saraswathamma vs The Honble Bench Of Lok Adalath on 21 October, 2024
Author: R. Raghunandan Rao
Bench: R Raghunandan Rao
APHC010582572023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3488]
(Special Original Jurisdiction)
MONDAY, THE TWENTY FIRST DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 30085/2023
Between:
G Saraswathamma ...PETITIONER
AND
The Honble Bench Of Lok Adalath and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. P SARASWATHI
Counsel for the Respondent(S):
1. S. LAKSHMINARAYANA REDDY (SC FOR APSLSA)
The Court made the following Order: (per Hon'ble Sri Justice R. Raghunandan Rao)
The petitioner had filed O.S.No.43 of 2021 on the file of the
Principal Junior Civil Judge, Punganur contending that the 2nd respondent
herein was seeking to interfere with her possession of land over Ac.2.20 cents
in Sy.No.346/1B1 of Diguvapalli Village, Chowdepalli Mandal, Chittoor District.
2. On 28.01.2022 both the petitioner and the 2nd respondent herein
are said to have entered into a compromise which was reduced to writing and
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signed by both of them and presented before the Bench of the Lok-Adalat
related to the Principal Junior Civil Judge, Punganur.
3. The terms of compromise were that the petitioner had admitted
that she was in possession of only Ac.0.20 cents of land either to entire
Ac.2.20 cents and that the 2nd respondent herein was in possession of
Ac.2.00 cents of land.
4. On the basis of these claims of compromise, the Lok-Adalat
Bench had passed an award dated 28.01.2022.
5. After the passing of this award, the petitioner had approached the
Superintendent of Police in March-2022, complaining that she was threatened
and forced into signing the said award for terms of compromise and accepting
the award as the 2nd respondent and his followers had threatened physical
safety of her family members and her itself. The petitioner is also said to have
approached the National SC/ST Commission in as much as she is a person
belonging to SC community and in justice had been made out to her.
6. The petitioner had thereafter approached this Court by way of the
present Writ Petition contending that the said award has been obtained by
coercion and requires to be set aside.
7. Notices sent to the 2nd respondent were refused and the notices
were returned with an endorsement "refused". This refusal is treated as
deemed service of notice on the 2nd respondent.
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8. As there is no rebuttal of the contentions of the petitioner that she
had been coerced and the contemporary documents produced by the
petitioner, show that, she made such complaint at the earliest to the
Superintendent of Police, compiles to accept her contention to be true and
correct.
9. Sri S. Lakshminarayan Reddy, learned Standing Counsel for the
Lok-Adalat Bench relies upon the Judgment of the erstwhile High Court of
Judicature, Andhra Pradesh at Hyderabad in the case of Chaluvadi Murali
Krishna & Anr Vs. District Legal Service Authority, Prakasam District & Ors1 to
contend that the award of Lok-Adalat cannot be interfered with and that the
allegations made in the present Writ Petition are not sufficient for setting aside
the said award.
10. The case cited by Sri S. Lakshminarayan Reddy, learned
Standing Counsel, an award passed by the District Legal Service Authority,
Prakasam was sought to be set aside on the ground of fraud and also on the
ground of coercion. These allegations were disputed by the respondents. A
Division Bench, in paragraph No-28, considering the question of whether such
coercion had taken place, had negatived the said contentions on the ground
that no complaint of any nature had been made before the police authorities or
the Lok-Adalat.
11. In the present case, there has been a complaint by the petitioner,
before the Superintendent of Police, in March-2022 itself.
1
2013 (1) ALD 320 (DB)
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12. In such circumstances, while accepting the principles lay down by
the Division Bench in this case, we are unable to apply the said principles to
the present case as the facts are otherwise.
13. In the circumstances, this Writ Petition is allowed the award dated
28.01.2022 in L.A.No.4 of 2022 in O.S.No.43 of 2021 passed by the Bench of
Lok-Adalat attached to the Additional Junior Civil Judge, Pungunur to set side
and O.S.No.43 of 2021 on the Additional Junior Civil Judge, Pungunur, Chittor
District is restored. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
________________________
R. RAGHUNANDAN RAO, J.
________________
HARINATH.N, J.
BSM
HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
HONOURABLE SRI JUSTICE HARINATH.N
W.P.No.30085 OF 2023
(per Hon'ble Sri Justice R. Raghunandan Rao)
Date: 21.10.2024
BSM
