DURGA MALLESWARA EDUCATIONAL SOCIETY REGD VIJAYAWADA KRISHNA DISTRICT Vs. DISTRICT LEGAL SERVICES AUTHORITY LOK ADALATH AT VIJAYAWADA KRISHNA DISTRICT REPBY ITS SECRETARY

JUDGEMENT

(1.) The petitioner assails the award dated 29.09.2011 in Lok Adalat Case No. 1890 of 2011 passed by the Lok Adalat, Vijayawada, under Section 19 of the Legal Services Authorities Act, 1987 (the Act). Besides seeking a writ of certiorari to quash the impugned award, a consequential direction is sought to restore the first appeal, being A.S. No. 128 of 2007, on the file of the Court of the VII Additional District and Sessions Judge, Vijayawada.

(2.) The petitioner is a Society registered in 1969 in the name and style of M/s.Sri Durga Malleswara Educational Society (hereafter called, the Society). It was started with the object of establishing and running educational institutions, in furtherance of which, statedly the Society established such institutions including Sathavahana College at Vijayawada in 1971.

(3.) The Society entered into an agreement of sale dated 11.12.1971 with the second respondent for the purchase of land admeasuring Acs.2.94 cents in NTS No. 13, Moghalrajapuram, Vijayawada, for establishing Sathavahana College. In addition to the advance payment of Rs. 50,000/- paid on the date of agreement, the Society also made other payments. The second respondent obtained the permission from the Government vide G.O.Rt. No. 2008, dated 13.08.1974, under the Andhra Pradesh Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972, and handed over the said land to the petitioner Society. At the relevant time the Urban Land (Ceiling and Regulation) Act, 1976, came into force and there were related proceedings to which a reference is not necessary for the purpose of this case. The petitioner instituted a suit, being O.S. No. 109 of 2001 on the file of the Court of the I Additional Senior Civil Judge, Vijayawada, for specific performance of agreement of sale dated 11.12.1974 executed by the second respondent. The suit was dismissed on 05.04.2007. The appeal, being A.S.No. 128 of 2007, on the file of the Court of the VII Additional District and Sessions Judge, Vijayawada, was also dismissed.