IMPORTANT POINT
An award from a Lok Adalat can be challenged in a writ petition if obtained through fraud or misrepresentation, as such awards are akin to compromise decrees.

ORDER :

1. Heard Mr. T.Srujan Kumar Reddy, learned counsel for the petitioners, Mr. Bhushan Reddy, learned counsel for the respondent Nos.1 and 2 and Mr. Paidi Krishna Reddy, learned counsel for the respondent No. 3.

2. The present is a classic case of both glaring fraud played in obtaining an award from the Lok Adalat and secondly another classic example of a case which is directly hit by the doctrine of “no man can be judge in his own cause.”

3. The present writ petition under Article 226 of the Constitution of India is filed by the petitioners challenging the award dated 16.04.2013 in O.S.No. 20 of 2013 passed by the Lok Adalat at Bichkunda Mandal, Nizamabad District.

4. The case revolves around to set of lands which stood in the name of one late Sri E.Vittal Reddy measuring Ac.7.04 guntas in Survey No. 122 and Ac.0.18 guntas in Survey No. 225 situated at Shanthapoor Village, Bichkunda Mandal, Nizamabad District. The said Sri E.Vittal Reddy was the brother of petitioner No. 2’s paternal grandmother. He was a bachelor and died intestate. Respondent No. 1 is the sister of petitioner No. 1’s husband and respondent No. 2 is the daughter of respondent No. 1. The grandmother of petitioner No. 2 (father’s mother) and the above mentioned Sri E.Vittal Reddy were brother and sisters.

5. In order to siphen off the property which stood in the name of Sri E.Vittal Reddy, the details of which is given in the earlier paragraph, a collusive Suit was filed by the so-called plaintiffs i.e. respondent Nos.1 and 2 and the aforementioned Sri E.Vittal Reddy, as the defendant. The said Suit was registered as O.S.No. 20 of 2013 for grant of perpetual injunction which the plaintiffs have sought against the defendant. The relief sought for was also for permanently restraining the defendant from causing any sort of interference and peaceful possession of the plaintiffs over the Suit schedule property. If the petitioners are to be believed, the defendant Sri E.Vittal Reddy was by that time seriously ill and it is said that he died on 30.04.2013.

6. Now it is here that all the arbitrariness and fraud that begins. O.S.No. 20 of 2013 i.e. the aforementioned Suit for perpetual injunction by the respondent Nos.1 and 2 herein was filed in the Court on 16.04.2013. On the very same day, the same gets registered, on the very same day it is placed before the concerned Court, on the very same day the matter stands referred to the Lok Adalat and on the very same day in the presence of the parties to the proceedings including the defendant even before taking cognizance on the Suit and issuing notices to the defendant, the compromise settlement is arrived at and the award is passed by the Lok Adalat on the very same day i.e. on 16.04.2013. This manner of proceeding with the case at an electrifying speed where the entire case gets filed, registered and disposed of within a matter of few hours on one single day i.e. on 16.04.2013 smacks arbitrariness and great element of fraud that stands reflected.

7. This Bench is surprised as to how the Presiding Officer also could be a party to the manner in which things have proceeded. We are constrained to observe that the Presiding Officer seems to have turned a blind eye to the entire proceedings whatsoever be the reasons for the same, which in the opinion of this Bench is not appreciable at all. Since it is a matter of more than eleven (11) years old, we do not want to delve into that aspect at this juncture except for deprecating such a practice.

8. Coming to the issue of the case being a classic example which is hit by the doctrine of “no man can be a judge in his own cause” is for the reason that the aforesaid O.S.No. 20 of 2013 filed by the plaintiffs was being represented by a counsel named G.Malleshwar as would be evident from the plaint and affidavit itself. Now coming to the impugned award, it would reflect that the very same counsel was also a member of the Lok Adalat which disposed of O.S.No. 20 of 2013. This again is one