IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 5716 OF 2013

22.04.2026 Between:

Karri Koteswara Rao (died) & another ….. Petitioners And The Govt. of A.P., Rep. by its Principal Secretary, Tribal Welfare Department, A.P. Secretariat Buildings, Hyderabad & others.

….. Respondents

O R D E R:

Fraus et jus nunquam cohabitant : Fraud and Justice never dwell together.

Fraus et dolus nemini patrocinari debent : Fraud and deceit ought to benefit none.

The Hon'ble Supreme Court had an occasion to deal with the issue of fraud in A.V. Papayya Sastry v. Government of A.P., (2007) 4 SCC 221 wherein it was held as under:

“ 25. It has been said: fraud and justice never dwell together (fraus et jus nunquam cohabitant); or fraud and deceit ought to benefit none (fraus et dolus nemini patrocinari debent).

26. Fraud may be defined as an act of deliberate deception with the design of securing some unfair or undeserved benefit by taking undue advantage of another. In fraud one gains at the loss of another. Even most solemn proceedings stand vitiated if they are actuated by fraud. Fraud is thus an extrinsic collateral act which vitiates all judicial ac