LAWS(APH)-2011-12-42

BAL REDDY Vs. TALUKA LEGAL SERVICES COMMITTEE

Decided On December 12, 2011
BAL REDDY Appellant
V/S
TALUKA LEGAL SERVICES COMMITTEE, NARAYANAPET, MAHABUBNAGAR DISTRICT, REPRESENTED BY ITS CHAIRMAN Respondents

JUDGEMENT

(1.) The writ petition is filed assailing the Award dated 05.09.2009 in Pre-Litigation Case No.6 of 2009 passed by the Lok Adalat Bench, Taluka Legal Services Committee, Narayanapet (hereafter referred to as Lok Adalat), and for a direction to set aside the said Award. Initially, the Lok Adalat, one U.Basanth Reddy (brother of the petitioner), and the Tahsildar, Makthal Mandal, were shown as the respondents. Subsequently, by order dated 16.08.2010, in W.P.M.P.No.25082 of 2010, respondent Nos.4 to 6, who are the sons of the petitioner, and respondent No.7, who is another brother of the petitioner, were impleaded.

(2.) The brief background facts are as follows. The petitioner, respondent Nos.2 and 7 are the sons of late Nagi Reddy. His father Malla Reddy was owner of land admeasuring Acs.98.39 guntas in Satyawar Village of Makthal Mandal in Mahabubnagar District. He and his three sons constituted Hindu joint family. The three brothers succeeded to the property of Malla Reddy, who died intestate. It is the case of the petitioner that when the second respondent claimed exclusive ownership of the entire land, the other two brothers demanded partition. Even before steps could be initiated in that direction, the petitioner received a notice dated 26.03.2010 from the Lok Adalat along with a copy of the impugned Award.

(3.) The petitioner would contend that the said Award was passed behind the back of the petitioner and respondent No.7, that they never received any notice, they never appeared before the Lok Adalat and that they never entered into any settlement or compromise with the second respondent. Alleging that after obtaining the impugned Award, the second respondent is trying for change of revenue records, the present writ petition is filed.