IN THE HIGH COURT OF TELANGANA
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR, JJ.
Bathina Naveena - Appellant
Vs.
The Honourable Lok Adalat - Respondent
Writ Petition No.35246 of 2025
Decided On : 27-11-2025
| Table of Content |
|---|
| 1. historical ownership and fraud allegations. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding the legality of the lok adalat award. (Para 6 , 7) |
| 3. court's analysis on fraud claims and delay. (Para 8 , 9 , 10) |
| 4. legal framework governing lok adalat jurisdiction. (Para 11 , 12 , 13) |
| 5. requirements for challenging a lok adalat award. (Para 14 , 15 , 16 , 17) |
| 6. court's decision on the writ petition. (Para 18) |
| 7. dismissal of the writ petition with no costs. (Para 19 , 20) |
ORDER:
(per Hon’ble Justice Gadi Praveen Kumar
1. Heard Sri Kaluvala Venkata Vara Prasad, learned counsel for the petitioners and Sri Shashi Kiran Pusluri, learned Standing Counsel appearing for respondent Nos.1 to 3.
2. The present Writ Petition is filed assailing the Award dated 16.04.2015 passed by the Lok Adalat, Zaheerabad, in Lok Adalat No.223/2025 in O.S.No.120 of 2014, as illegal, arbitrary, null and void and consequently, to set aside the same.
3. The brief facts leading to the filing of this Writ Petition are that Smt. Bathini Rachamma, the grandmother of the 1st petitioner, was the absolute owner and possessor of agricultural land bearing Sy.No.297/A, admeasuring Acs.3.31 guntas, situated at Bilalpur Village, Koheer Mandal, Sangareddy District (then Medak District). Smt. Bathini Rachamma died intestate in the year 2000, leaving behind four sons, namely late B. Vittal – the father of the 1st petitioner – and respondent Nos.4 to 6. The father of the 1st petitioner died in the year 2003, leaving behind the 1st petitioner, the 2nd petitioner (mother of 1st petitioner) and a younger son as legal heirs. It is further stated that after the death of Smt. Bathini Rachamma and the death of B. Vittal, respondent Nos.4 to 6, with malicious and fraudulent intent to appropriate the agricultural land falling to the share of B. Vittal, colluded with one another and managed to mutate their names in the revenue records for the year 2005–2006 without the knowledge or notice of the petitioners.
4. It is further stated that in the year 2014, on enquiry, when 2nd petitioner came to know through their well-wishers that respondent No.4 to 6 are trying to sell away their share of property, the petitioners filed a partition suit, vide O.S.No.120 of 2014 before the Junior Civil Judge at Zaheerabad on 29.12.2014 claiming for partition and separate possession in respect of the land in Sy.No.297/A admeasuring Acs.3.31 guntas situated at Bilalpur Village. That on the advice of the counsel, they had filed a Memo dated 16.04.2015 praying to refer the matter to Lok Adalat, as the parties to the suit have compromised and the learned trial Court passed an order on 16.04.2015 referring the case to Lok Adalat. That the counsel of the petitioners had taken some signatures on blank white papers and 1st petitioner’s paternal uncles have agreed to give 1/4th share i.e. Ac.0.37 guntas in the name of 2nd petitioner.
5. It is further contended that, later it came to know that the petitioners’ lawyer was colluded with respondent Nos.4 to 6 and gained huge amount by playing fraud on 2nd petitioner and that immediate thereto, the 1st petitioner along with 2nd petitioner and other community elders approached the office of the counsel by name Sri M.Pandu Ranga Reddy on 19.10.2025 requesting to furnish information regarding the fraud played by him and then the said Advocate threatened the petitioners and their family members with dire consequences of implicating them in criminal cases.
6. Learned counsel for the petitioners contended that the impugned Award dated 16.04.2015 passed by the 1st respondent is illegal, arbitrary, unconstitutional and is liable to be quashed / set aside for the reasons of misrepresentation and the Lok Adalat has no jurisdiction to record the compromise without verifying the voluntariness of all the parties in their presence and without obtaining signatures of all the parties in the suit. That the compromise that was recorded on behalf of 1st petitioner’s brother, who was
Lok Adalat awards are final and binding unless substantial proof of fraud or misrepresentation is provided within a reasonable timeframe by the petitioning party.
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
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.
Lok Adalat compromise decrees, though final under Section 21, can be set aside in writ jurisdiction if vitiated by fraud like non-service of summons and misrepresentation to illiterate disabled party....
Point of Law : Challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very....
The absence of the complainant's consent in a Lok Adalat compromise invalidates the award, as statutory requirements for notice and participation are fundamental to upholding justice and preventing f....
The finality and binding nature of awards passed by Lok Adalat, and the prohibition on filing suits to set aside a decree based on a compromise.
The Lok-Adalat can settle disputes not included in pending suits, and non-registration of an award does not invalidate it.
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