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2016 Supreme(AP) 660

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. Nagarjuna Reddy and M.S.K. Jaiswal, JJ.
Navya Infracon Projects (I) Private Ltd. - Appellant
Vs.
State of Andhra Pradesh and Ors. - Respondents
Writ Petition No. 9091 of 2016
Decided On : 22-12-2016

Advocates Appeared:
For the Appellant : V. Ravinder Rao, Senior Counsel for Gyanam Sandhya Rani.

Headnote:

Suit against Construction Company - Legal Services Authorities Act, 1987 – Sections 13(2), 6(1) and 9(2) - Code of Civil Procedure, 1908 - Order VII Rule 11 - Andhra Pradesh State Legal Services Authority Rules, 1995 - Section 29-A - Plaintiffs filed a suit against five individuals and the petitioner - Construction company impleaded as defendant for declaration that they are absolute owners of various extents of properties situated of China Waltair - It is their pleaded case that one was their ancestor who has acquired under registered sale deed from one and others and he has also succeeded to an extent of cents from his ancestors - Plaintiffs have filed registration extract of the sale deed of the year and SFA copy showing the said Appanna as the owner - Plaintiffs further pleaded that out of gifted an extent cents to his brother under registered gift settlement deed and that said in turn sold away the said property - Registered sale deed continued to own and possess cents and that he died leaving behind him his two sons, namely - Plaintiff Following the death these plaintiffs succeeded to his estate another died - Leaving behind him, his wife - Plaintiff two sons plaintiff and two daughters, plaintiff and that plaintiff are sons of plaintiff is son of plaintiff - It was accordingly pleaded that all the twenty one plaintiffs are the legal representatives succeeded to the estate of the original ancestor - It was the further pleaded case of the plaintiffs that out of total extent of cents the legal heirs sold away an extent to defendant under Registered Sale Agreement-cum-General Power of Attorney and that except this land the legal heirs of the original owner did not sell any other land and that therefore for the remaining property all the plaintiffs are the absolute owners – Held, We have come across strong criticism of brazen misuse of benevolent provisions of the Act and the Regulations made thereunder - It has come to our notice that persons with sound financial position have been invoking the provisions of Section of the Act and receiving the benefit of payment of huge court fee by the Government - Once this is done they have been engaging private counsel by paying huge Advocates fees Indeed in the present case also, respondent engaged a private counsel - Improper scrutiny of the eligibility of the persons for grant of legal services - We are told is also leading to institution of frivolous and vexatious litigation causing hardship to the adversary parties and causing further strain on the already overburdened courts - Avowed object of extending the legal services to the poor and needy must not be proved to be a boon for unscrupulous elements and a bane for adversary parties - We do not intend to lay down any guidelines in this regard as that is neither the function nor the forte of this Court feel that the Legal Services Authorities of the States of Telangana and Andhra Pradesh may examine the possibility of plugging the loopholes in the Regulations in order to ensure that the munificent provisions of the Act and the Regulations are not misused by clever ingenious and incorrigible litigants by indulging in speculative litigation - Perhaps such misuse may be arrested (i) by strict adherence to assessment of prima facie case by the scrutinizing committee and (ii) by incorporating a Regulation to the effect that those who receive the benefit of payment of Court fee under Section of the Act by the State has to necessarily engage the services of the Panel Lawyers maintained by the Legal Services Authority concerned only - We reiterate is only a suggestion for consideration by the Legal Service Authorities - petition, W.P.M.P. No. 11530 of 2016 shall stand disposed - Petition is allowed.

JUDGMENT :

C.V. Nagarjuna Reddy, J.

1. An issue which is short but of considerable importance arises for adjudication in this writ petition. What precisely is the scope of enquiry before the District Legal Services Authority in the matter of legal aid exempting from payment of Court fee available under the Legal Services Authorities Act, 1987 (for short, 'the Act') and the Central and State Rules and Regulations made thereunder is that issue.

2. The facts giving rise to the filing of this writ petition are briefly set out hereunder:

"Respondent Nos. 4 to 24 (hereinafter referred to as 'the plaintiffs') filed a suit against five individuals and the petitioner - construction company impleaded as defendant No. 6, for declaration that they are absolute owners of various extents of properties situated in Sy. Nos. 10/1, 10/2, 10/3, 10/4, 18/5 of China Waltair, Visakhapatnam. It is their pleaded case that one Vasupalli Appanna was their ancestor, who has acquired Acs. 4.00 under registered sale deed dt. 27.10.1945 from one Adidam Venkata Rama Rao and others and he has also succeeded to an extent of Ac.5.57 cents from his ancestors. That during his lifetime, Vasupalli Appanna enjoyed the property with absolute rights and in recognition of his right and possession, his name was shown as owner in the revenue records in respect of Ac.0.35 cents in Sy. No. 10/1, Ac.0.21 cents in Sy. No. 10/2, Ac.0.21 in Sy. No. 10/3, Ac.2.74 cents in Sy. No. 10/4, and Acs. 2.06 cents in Sy. No. 18/5. In support of this averment, the plaintiffs have filed registration extract of the sale deed of the year 1945 and SFA copy showing the said Appanna as the owner. The plaintiffs further pleaded that out of Acs. 5.57 cents, Vasupalli Appanna gifted an extent of Ac.1.50 cents to his brother Vasupalli Tatayya under registered gift settlement deed dt. 6.1.1956, and that said Tatayya, in turn sold away the said property to Perla Arrenna, S/o. Rajappa and another, under registered sale deed dt. 02.6.1961. That after the sale, Vasupalli Appanna continued to own and possess Ac.4.07 cents, and that he died leaving behind him his two sons, namely, Durgayya and Satteyya on whom the extent of Ac.4.07 cents devolved as per the Hindu Succession and Survivorship. That plaintiff Nos. 1 to 3 are the sons and plaintiff Nos. 4 to 7 are daughters of Vasupalli Durgayya; plaintiff Nos. 8 and 9 are sons of plaintiff No. 1, plaintiff No. 10 is son of plaintiff No. 2 and plaintiff Nos. 11 to 13 are sons of plaintiff No. 3. Following the death of Durgayya, these plaintiffs succeeded to his estate. That Satteyya, another son of Vasupalli Appanna, died on 11.07.1999 leaving behind him, his wife - plaintiff No. 14, two sons, plaintiff Nos. 15 and 16, and two daughters, plaintiff Nos. 17 and 18, and that plaintiff Nos. 19 and 20 are sons of plaintiff No. 15 and plaintiff No. 21 is son of plaintiff No. 16. It was accordingly pleaded that all the twenty one plaintiffs are the legal representatives of Vasupalli Durgayya and Satteyya, who succeeded to the estate of the original ancestor Vasupall Appanna. It was the further pleaded case of the plaintiffs that out of total extent of Ac.4.07 cents, the legal heirs of Vasupalli Appanna sold away an extent of Ac.0.85 cents in Sy. No. 10/4A to defendant Nos. 1 to 4 under Registered Sale Agreement-cum-General Power of Attorney dt. 18.07.1997 and that except this land, the legal heirs of the original owner did not sell any other land and that therefore for the remaining property all the plaintiffs are the absolute owners."

3. It was further averred that at the time of filing of the suit, the plaintiffs owned an extent of Ac.0.35 cents in Sy. No. 10/1, an extent of Ac.0.21 in Sy. No. 10/2, an extent of Ac.0.21 in Sy. No. 10/3 and an extent of Ac.2.06 cents in Sy. No. 18/5. The plaintiffs alleged that while entering into the Registered Sale Agreement-cum-General Power of Attorney on 18.07.1997, defendant Nos. 1 to 4, taking advantage of the innocence and ill





































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