Gaddagunti Rajapathi And 2 Others vs .State Of Telangana And 6 Others
2022 Latest Caselaw 7118 Tel

              HIGH COURT FOR THE STATE OF TELANGANA

                                      ***

WRIT PETITION NO.37519 OF 2022

Between:

Gaddagunti Rajapathi, s/o. late Laxmaiah, Aged about 62 years, occu: President, Sri Sai Ram Colony Welfare Association, r/o. 16-2-752/K/113, Sri Sai Ram Colony, Saidabad, Hyderabad and two others.

.... Petitioners and

State of Telangana, Rep.by its Principal Secretary, Law and Justice, Secretariat, Hyderabad and others.

                                                         .... Respondents



DATE OF JUDGMENT PRONOUNCED :               29.12.2022


                  HON'BLE SRI JUSTICE P.NAVEEN RAO
                                  &
                 HON'BLE SRI JUSTICE J.SREENIVAS RAO


1.    Whether Reporters of Local Newspapers :    No
      may be allowed to see the Judgments ?

2.    Whether the copies of judgment may be :    Yes
      marked to Law Reporters/Journals

3.    Whether Their Lordship wish to         :    No
     see the fair copy of the Judgment ?
                                                                                    PNR,J & JSR,J
                                                                            WP No.37519 of 2022




                    * HON'BLE SRI JUSTICE P.NAVEEN RAO
                                     &
                    HON'BLE SRI JUSTICE J.SREENIVAS RAO

                      + WRIT PETITION NO.37519 OF 2022


%29.12.2022

Between:

# Gaddagunti Rajapathi, s/o. late Laxmaiah, Aged about 62 years, occu: President, Sri Sai Ram Colony Welfare Association, r/o. 16-2-752/K/113, Sri Sai Ram Colony, Saidabad, Hyderabad and two others.

.... Petitioners and

$ State of Telangana, Rep.by its Principal Secretary, Law and Justice, Secretariat, Hyderabad and others.

.... Respondents

!Counsel for the petitioners : Sri B.Narsimha Sharma rep. Sri V.Ramesh Reddy

Counsel for the Respondents : Sri Syed Kareemuddin for respondents 4 & 5, Sri J.Anil Kumar, standing counsel for respondent No.2.

<Gist :

>Head Note:

? Cases referred:

--

PNR,J & JSR,J WP No.37519 of 2022

HONOURABLE SRI JUSTICE P.NAVEEN RAO AND HONOURABLE SRI JUSTICE J.SREENIVAS RAO

WRIT PETITION No. 37519 OF 2022

ORDER : (Per the Hon'ble Sri Justice J. Sreenivas Rao )

The petitioners have filed this writ petition for seeking a Writ of

Mandamus to declare the Lok Adalat Award dated 25.10.2019 passed in

S.A.No.93 of 2016 on the file of High Court for the State of Telangana,

Hyderabad, as illegal, arbitrary and contrary to the enactment of the Legal

Services Authority Act, 1987 and consequently to set aside the

Lok Adalat Award dated 25.10.2019 passed in S.A.No.93 of 2016 and to

pass such other suitable order as this Court may deem fit and proper in

the circumstances of the case.

2. Heard Sri B.Narsimha Sharma, learned counsel representing Sri

V.Ramesh Reddy learned counsel for the petitioners, Sri Syed

Kareemuddin learned counsel for the respondents No.4 & 5 and J.Anil

Kumar, learned Standing Counsel for respondent No.2.

3. The brief facts of the case are that the fathers of petitioners 1 and 2

along with other family members have filed suit in O.S.No.622 of 1981 on

the file of the Court of Vth Additional Judge, City Civil Court, Hyderabad

for seeking partition of the suit schedule properties admeasuring to an

extent of Acs.7.13 guntas in Survey Nos.44, 47, 48, 50, 51, 52, 54 to 60 PNR,J & JSR,J WP No.37519 of 2022

situated at Saidabad village, Hyderabad, and the same was decreed on

19.04.1983 allocated the shares between the parties.

3.1. It is averred that the parties and their legal heirs in O.S.No.622 of

1981 had converted the land admeasuring to an extent of Ac.1.00 in

survey Nos.48, 50, 54 to 60 situated at Saidabad Revenue village,

Hyderabad into plots. For the said purpose, Kothapeta Co-operative

Housing Society Limited, bearing Regd.No.PB:830, Sankeshwar Bazar,

Hyderabad was formed and the said society has allotted the plots in

favour of the society members/purchasers and executed registered sale

deeds. Thereafter, the plot owners formed "Sri Sai Ram Colony Welfare

Association" vide Registration No.468 of 2000.

3.2. It is also stated that while making the layout in the name of

Kothapet Co-operative Housing Society Limited, the Plot No.112/A

admeasuring to an extent of 133.77 sq. yards is earmarked for "Sri Sai

Ram Colony Welfare Association (Community Hall), thereafter the said

Welfare Association has constructed compound wall and a room in the

said plot and doing their daily activities. While the matter stood thus, the

respondent No.4 executed a gift settlement deed in the name of his

daughter; i.e., respondent No.5 herein vide document No.6689/2021

dated 24.09.2021 styling himself as the owner of the house bearing

No.16-2-751/93/B/1/A/1, as if the same is constructed in Plot No.112/A,

which is earmarked for community hall. The said house number was

obtained by the respondent No.4 by playing fraud with the municipal PNR,J & JSR,J WP No.37519 of 2022

authorities; moreover, in the gift settlement deed it is mentioned that the

respondent No.4 acquired the said property by virtue of the award passed

in S.A.No.93 of 2016, dated 25.10.2019. In fact, the said property is

entirely different than the suit schedule property, as the respondents 3 to

7 colluded with each other and created documents to grab the plot

No.112/A, which is earmarked for the community hall.

3.3. The petitioner further stated that the 3rd respondent has filed

O.S.No.1865 of 2012 on the file of the Court of XIX Junior Civil Judge,

City Civil Court, Hyderabad seeking perpetual injunction against

respondents 4, 6 and 7 on the ground that he is the owner and possessor

of property bearing No.16-2-751/93/A/2/1, admeasuring 120 sq. yards in

survey No.47 situated at Saidabad, Hyderabad, and the same was decreed

on 21.05.2013. Aggrieved by the same the defendants filed A.S.No.383 of

2013 on the file of the Court of XXIV Additional Chief Judge, City Civil

Court, Hyderabad. It appears that the same was allowed on 30.06.2015.

Aggrieved there by the same, third respondent filed S.A.No.93 of 2016

before this Court. S.A.No.93 of 2016 ended in compromise by the parties

by filing joint compromise memo and the matter has been settled before

the Lok Adalat, vide Award dated 25.10.2019.

4. Respondents 4 and 5 have filed counter contending that the

petitioners filed the present writ petition suppressing several facts

including filing of O.S.No.287 of 2022 on the file of the Court of XVII

Additional Senior Civil Judge, City Civil Court, Hyderabad. In the said suit PNR,J & JSR,J WP No.37519 of 2022

the petitioners sought declaration declaring the gift settlement deed vide

document No.6689/2021, dated 24.09.2021 as null and void, not binding

on them and recovery of possession, of suit schedule land admeasuring

133.77 sq.yards bearing Plot No.112/A in Sy.No.48, 49, 59 admeasuring

133.77 Sq.yds situated at Sariramngar Colony, Kothapet, Cooperative

Society Colony, Saidabad, Hyderabad.

4.1. Respondent No.4 further averred that he acquired the subject matter

of the property as an outcome of partition vide O.S.No.622 of 1981 and

when dispute arose between him and the respondents 6 to 8 herein

himself along with the respondents 6 to 8 compromised during the

pendency of SA.No.93 of 2016 and the matter was referred to the High

Court Legal Services Committee, which has passed an award on

25.10.2019 in terms of compromise effected between the parties. He

further stated that house bearing No.16-2-751/93/B-1/A was transferred

to respondent No.5 who is his daughter, through registered gift settlement

deed vide document No.6689/2021, dated 24.09.2021. Thereafter, his

daughter obtained construction permission from the GHMC vide permit

No.139997/2019, dated 17.2.2022 and started construction. Then the

petitioners demanded to pay an amount of 2,00,000/- claiming that as

they are running welfare committee for which they have to pay the

demanded amount and when refused to meet the said demand, they filed

the present writ petition .

PNR,J & JSR,J WP No.37519 of 2022

5. The learned counsel for the petitioners contended that the

respondent No.3 filed a simple suit for perpetual injunction vide

O.S.No.1861 of 2012 on the file of the Court of XIX Additional Chief

Judge, City Civil Court, Hyderabad against the respondents 4, 6 and 7 in

respect of the property bearing No.16-2-751/93/A/2/1, admeasuring 120

sq. yards and the said suit was decreed. During the pendency of the

Second Appeal No.93 of 2016, the respondents 3, 4, 6 and 7 have colluded

with each other and obtained the Lok Adalat award on 25.10.2019

covering more than the extent of land claimed in the suit as well as

converting the injunction suit into title suit and the same is contrary to

law. After obtaining the Lok Adalat Award, the Respondent No.4 has

executed Gift Settlement Deed on 24.09.2021 in favour of 5th respondent

in respect of house bearing No.16-2-751/93/B/1/A/1 admeasuring 143

sq.yards and under the guise of Gift Settlement Deed the Respondent No.5

is trying to make the constructions in the petitioners property. Admittedly,

the said property belongs to the petitioners and the Lok Adalat Award is

liable to be set aside.

6. On the other hand, the learned counsel for the respondents 4 and 5

contended that the petitioners have already filed the suit in O.S.No.287 of

2022 on the file of XVIII Additional Senior Civil Judge, City Civil Court,

Hyderabad against the very same respondents seeking declaration,

declaring the Gift Settlement Deed document No.6689 of 2021, dated

24.09.2021 executed by respondent No.4 in favour of respondent No.5 as

null and void and not binding upon them and also sought decree directing PNR,J & JSR,J WP No.37519 of 2022

the defendants 1 and 2 therein to deliver the vacant possession of the suit

schedule property i.e., Land bearing Plot No.112/A in Sy.Nos.48, 49, 59

admeasuring 133.77 Sq.yds situated at Sairamngar Colony, Kothapet,

Cooperative Society Colony, Saidabad, Hyderabad., and the said suit is

pending. In view of the same, the petitioners are not entitled to any relief

much less the relief sought in this writ petition, as the petitioners

suppressed the factum of filing the above suit and they have not

approached with clean hands.

7. As per the pleadings and the contentions of the respective parties in

the writ petition, it reveals that the petitioners are claiming that they are

the President, Vice President and the General Secretary of Sri Sai Ram

Colony Welfare Association and they are the owners of the property

admeasuring 133.77 square yards in plot No.112/A and they acquired

through unregistered gift deed (settlement) dated 20.09.2000 executed by

Sri Rajapathi and six others in favour of "Sri Sai Ram Nagar Welfare

Association", SBH colony, Saidabad and the said property is in survey

Nos.48, 49 and 59 bounded by, North: No.112/B of P.Mallaih, South:Plot

No.112, East: Plot No.100/A and West: 30 feet road.

8. Whereas the respondent No.3 has filed the suit in O.S.No.1865 of

2012 on the file of XIX Junior Civil Judge, City Civil Court, Hyderabad,

against respondents 4, 6 and 7 for grant of perpetual injunction

restraining the defendants therein from interfering with peaceful

possession and enjoyment of the suit property i.e., house PNR,J & JSR,J WP No.37519 of 2022

No.16-2-751/93/A/2/1 admeasuring 120 sq. yards in survey No.47. The

said suit was decreed on 21.10.2013. Against the said decree, the

defendants therein filed appeal in A.S. No.383 of 2013 and the same was

allowed on 30.06.2015. Questioning the said judgment and decree, the

respondent No.3 filed S.A.No.93 of 2016 before this Court. In the said

second appeal, the respondent No.3 and the respondents 4, 6 and 7 have

filed joint compromise memo on 11-09-2019 and the matter was referred

to Lok Adalat and the Lok Adalat passed an Award on 25-10-2019. In the

said Award, it was held in para 11 that "the respondent No.3 is entitled to

120 sq. yards shown in yellow colour, and the respondent No.4 is entitled

red colour portion, respondent No.6 is entitled blue colour portion".

Thereafter, the respondent No.4 executed registered gift settlement deed

vide Doc. No.6919 of 2021 in favour of respondent No.5 in respect of the

property house bearing No.16-2-751/93/B/1/A/1, admeasuring 143

sq.yards equivalent to 119.56 sq.mts having plinth area of 300 sq.ft of

ACC situated at Sairam Colony, SBH colony, Saidabad, Hyderabad under

GHMC limits. Questioning the gift settlement deed No.6919 of 2021, dated

24-9-2021 the petitioners have filed suit in O.S. No. 287 of 2022 on the

file of the Court of XVII Additional Senior Civil Judge, City Civil Court,

Hyderabad, seeking declaration, to declare the above said gift settlement

deed as null and void and not binding upon them and also sought the

relief of directing the respondents 4 and 5 to deliver the vacant possession

of the suit schedule property i.e., Land bearing in Plot No.112/A in PNR,J & JSR,J WP No.37519 of 2022

Sy.No.48, 49, 59 admeasuring 133.77 Sq.yds situated at Sariramnagar

Colony, Kothapet, Cooperative Society Colony, Saidabad, Hyderabad.

9. In the said suit, the petitioners made an averment that the

respondent No.4 without having any manner of right executed the gift

settlement deed in favour of the respondent No.5 by relying on the Lok

Adalat Award passed in S.A.No.93 of 2016 dated 25.09.2019 and the

property in the Lok Adalat Award and the property mentioned in the gift

settlement deed is totally different. The respondents 4 and 5 have colluded

with each other and created the documents in order to grab the suit

schedule property.

10. The property claimed by petitioner through the gift settlement deed

dated 20.9.2000 and schedule of property mentioned in O.S.No.287 of

2022 on the file of the Court of XVII Additional Senior Civil Judge, City

Civil Court, Hyderabad, is one and the same. Whereas the property

mentioned in the gift settlement deed executed by the respondent No.4 in

favour of the respondent No.5 dated 24.09.2021 pertaining to an extent of

143 sq. yards in respect of the house bearing No.16-2-751/93/B/1/A/1.

In the said schedule of property, the respondent No.4 has not mentioned

any survey number. However, the petitioners in the writ petition as well as

in the suit in O.S.No.287 of 2022 are specifically claiming that under the

guise of gift settlement deed dated 24.09.2021 executed by the respondent

No.4 in favour of respondent No.5, respondent No.5 is interfering in the PNR,J & JSR,J WP No.37519 of 2022

property of the petitioners which was acquired by them through gift

settlement deed dated 20.9.2000.

11. Admittedly, the core issue in this writ petition in-as-much-as

confined to determine as to whether the petitioners are having any

manner of right to challenge or question the Lok Adalat Award passed in

SA.No.93 of 2019 albeit when the petitioners are not the parties to the lis.

12. As per the settled principle of law, any award passed by the Lok

Adalat is binding between the parties to the lis and not binding upon

others who are not the parties. But in the instant case, the petitioners are

claiming that by virtue of the Lok Adalat Award only the respondent No.4

had executed gift settlement deed in favour of respondent No.5. Admittedly

the petitioners have already filed suit in O.S.No.287 of 2022 and the same

is pending. In the said plaint, the petitioners have made a mention about

passing of the Award by the Lok Adalat in S.A.No.93/2016, dt.25.10.2019.

The petitioners are seeking declaration declaring the Gift Settlement Deed

Dt.24.09.2021 as null and void and also for delivery of possession of the

suit schedule property and the said suit is pending.

13. Section 19 of Legal Services Authority Act, 1987 deals with

organization of Lok Adalat. Sub-Section 5 is relevant to this case. It reads

as under :

Section 9 (5) : "A Lok Adalat shall have jurisdiction to determine and to arrive at compromise or settlement between the parties to a dispute in respect of (i) any case pending before ; or (ii) PNR,J & JSR,J WP No.37519 of 2022

any matter which is falling within the jurisdiction and is not brought before, any court for which the Lok Adalat is organized:

Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any

law."

14. From a bare reading of this provision makes it clear a Lok Adalat

shall have jurisdiction to determine and to arrive at compromise or

settlement between the parties to a dispute in respect of a pending case.

According to Section 19 of the Act, the Lok Adalat can pass award

bounded by the reliefs claimed by the parties to the lis and that the Lok

Adalat is not having power or jurisdiction to pass award beyond the scope

of the relief/s claimed in the suit. The Lok Adalat has to confine the award

to the relief/s as sought by the parties to the lis.

15. As per the settled principles of law, no court or tribunal can grant

relief to a party more than what is prayed for. In the instant case, the

third respondent filed simple suit in OS.No.1865 of 2012 on the file of XIX

Junior Civil Judge, City Civil Court, Hyderabad seeking perpetual

injunction restraining the defendants therein from interfering in respect of

the house admeasuring 120 sq.yards bearing No. 16-2-751/93/A/2/1 in

survey No.47 only. Whereas the parties in the said suit filed joint

compromise memo during the pendency of the SA.No.93 of 2016 in

respect of other than the property mentioned in the suit schedule property

and basing on the joint compromise memo, the Lok Adalat passed the

Award determining the rights over the properties of the parties more than

the extent covered in the suit schedule property.

PNR,J & JSR,J WP No.37519 of 2022

16. In view of the law laid down by this Court and the Apex Court, this

Court finds that the Lok Adalat passed the award beyond the scope of the

relief claimed in the suit. However, in view of the peculiar facts and

circumstances of the case, we are not inclined to set aside the award

passed by the Lok Adalat on this ground. It is made clear that as the

petitioners are not parties in the Lok Adalat award, the same is not

binding on them and is binding between the parties only.

17. The petitioners have raised several disputed questions of facts

which cannot be gone into and adjudicated in the present writ petition.

However, the petitioners are entitled to raise all the pleas which are raised

in the present writ petition including the applicability of the Lok Adalat

Award in respect of their property in the pending O.S.No.287 of 2022. The

trial court shall consider all pleas advanced by the parties.

18. The Writ Petition is accordingly disposed of. No costs. As a sequel,

miscellaneous petitions if any, pending shall stand closed.

_____________________________ JUSTICE P.NAVEEN RAO

______________________________ JUSTICE J. SREENIVAS RAO

Date: 29.12.2022 ISL

* NB: LR COPY TO BE MARKED.

// B/O.ISL // PNR,J & JSR,J WP No.37519 of 2022

* NB: LR COPY TO BE MARKED.

HONOURABLE SRI JUSTICE P. NAVEEN RAO AND HONOURABLE SRI JUSTICE J. SREENIVAS RAO

WRIT PETITION No. 37519 OF 2022

RESULT : DISPOSED OF NO COSTS

CIRCULATION No. Date: 29.12.2022 PS/COURT MASTER : ISL PNR,J & JSR,J WP No.37519 of 2022