V.V.S. Rao, J.

The petitioner assails the award dated 29.09.2011 in Lok Adalat Case No.1890 of 2011 passed by the Lok Adalat, Vijayawada, under Section 19 of the Legal Services Authorities Act, 1987 (the Act). Besides seeking a writ of certiorari to quash the impugned award, a consequential direction is sought to restore the first appeal, being A.S.No.128 of 2007, on the file of the Court of the VII Additional District and Sessions Judge, Vijayawada.

2. The petitioner is a Society registered in 1969 in the name and style of M/s.Sri Durga Malleswara Educational Society (hereafter called, the Society). It was started with the object of establishing and running educational institutions, in furtherance of which, statedly the Society established such institutions including Sathavahana College at Vijayawada in 1971.

3. The Society entered into an agreement of sale dated 11.12.1971 with the second respondent for the purchase of land admeasuring Acs.2.94 cents in NTS No.13, Moghalrajapuram, Vijayawada, for establishing Sathavahana College. In addition to the advance payment of Rs.50,000/- paid on the date of agreement, the Society also made other payments. The second respondent obtained the permission from the Government vide G.O.Rt.No.2008, dated 13.08.1974, under the Andhra Pradesh Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972, and handed over the said land to the petitioner Society. At the relevant time the Urban Land (Ceiling and Regulation) Act, 1976, came into force and there were related proceedings to which a reference is not necessary for the purpose of this case. The petitioner instituted a suit, being O.S.No.109 of 2001 on the file of the Court of the I Additional Senior Civil Judge, Vijayawada, for specific performance of agreement of sale dated 11.12.1974 executed by the second respondent. The suit was dismissed on 05.04.2007. The appeal, being A.S.No.128 of 2007, on the file of the Court of the VII Additional District and Sessions Judge, Vijayawada, was also dismissed.

4. It is the case of the petitioner that Sri V.Kameswara Rao, the Secretary of the Society resigned on 25.07.2011. Sri Alapati Rajendra Prasad (hereafter referred to as, ARP) (deponent of the writ affidavit) was admitted as Patron Member. It is alleged that on 26.07.2011 the Executive Council elected ARP as Secretary and Correspondent and the same was approved by the Commissioner of Collegiate Education (the CCE) vide proceedings dated 26.09.2011.

5. In the meanwhile, Lok Adalat, Vijayawada – first respondent herein – passed the impugned award. The salient features of the same are that A.S.No.128 of 2007 stood dismissed as withdrawn confirming the judgment and decree in O.S.No.109 of 2001; the land admeasuring Acs.5.10 cents in NTS No.13 of Moghalrajapuram was handed over to the second respondent and his family members along with structures and the keys of the locks were handed over to the second respondent and his family members before the Lok Adalat and in settlement thereof, the second respondent paid an amount of Rs.9,00,000/- (Rupees Nine Lakhs only) by HDFC Bank Demand Draft No.051930. The award also recorded that all disputes remaining unsettled shall be treated as null and void, and the petitioner Society was precluded from initiating any civil or criminal proceedings.

6. The petitioner having come to know about the Lok Adalat award filed the instant writ petition. It is contended that when the suit schedule property in O.S.No.109 of 2001 admeasures Acs.2.94 cents, the Lok Adalat award directing to handover an extent of Acs.5.10 cents is vitiated and is a misrepresentation of material facts; Lok Adalat exceeded its jurisdiction in passing the impugned award and Sri V.Kameswara Rao who signed the compromise memo dated 28.09.2011 ceased to be the Secretary of the petitioner Society, and therefore, there is no valid settlement or compromise between the parties in law.

7. This Court while admitting the writ petition