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2025 Supreme(Online)(Tel) 62590

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA,THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR
Bathina Naveena – Appellant
Versus
The Honourable Lok Adalat – Respondent
WP 35246/2025



THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR WRIT PETITION No.35246 of 2025 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 minor at that time while passing the order without the Court's permission, is void ab initio under Order XXXII Rule 7 CPC, rendering the entire award passed by the 1st respondent as invalid and accordingly, the same is liable to be set aside.

7. On the other hand, learned counsel for the respondent Nos.1 to 3 contends that the Award passed by the Lok Adalat is ba

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