DASARI LOKESH CHANDRA Vs. LOK ADALAT

JUDGEMENT

(1.) Challenge in this Writ Petition is to the Award passed by the District Legal Services Authority, Medak at Sangareddy in Lok Adalat Case No.1567 of 2010 dtd. 12/3/2010.

(2.) The case of the writ petitioner in brief, as could be ascertained from the affidavit filed in support of the writ petition, is that the land admeasuring Acs.72-13 guntas in Survey Nos.141, 172, 173, 174, 175, 197, 274, 340, 140, 576, 578, 290, 291, 292, 293 and 298 of Nandigama Village, Patancheru Mandal, Medak District, was purchased by one Sri Lakkaraju Laxmana Rao and he was in peaceful possession and enjoyment of the said property. Subsequently, the said Lakkaraju Laxmana Rao died and on that, his three sons, who are respondent Nos.2 to 4 herein, succeeded to his estate. Later, they along with others obtained permission from Gram Panchayat, Nandigama, seeking approval of the layout in respect of the land in Survey Nos.141, 173, 174 and 197 admeasuring Acs.42-10 guntas in total and accordingly, approval was granted in the year 1993 and thereafter, the Revenue Divisional Officer granted permission for change of the said land from agricultural use to non-agricultural use. Proceedings were thereafter issued by the Divisional Panchayat Officer, Sangareddy vide proceedings dtd. 5/1/1994. Later, all the three sons of late Lakkaraju Laxmana Rao executed separate General Power of Attorneys by appointing respondent Nos.5 and 6 as their lawful Attorneys in respect of their undivided share of land admeasuring Acs.42-10 guntas. Subsequently, the said land was developed and the said Attorneys sold the plots to approximately 696 prospective purchasers. The petitioner purchased Plot Nos.379 and 452 through a registered sale deed. Almost all the plots were sold during the years 1990 and 1992. While the matter stood thus, the daughters of late Lakkaraju Laxmana Rao filed a suit in the year 2007 for partition and separate possession of entire land of Acs.72-13 guntas against their brothers vide O.S.No.134 of 2007 on the file of the Court of Principal District Judge, Medak at Sangareddy, claiming 1/10th share each. On 30/6/2009, a preliminary decree was passed as prayed for. Later, the sons and the daughters of late Lakkaraju Laxmana Rao entered into a compromise, the same was recorded by the Lok Adalat and Award dtd. 12/3/2010 was passed. In pursuance of the said Lok Adalat Award, various registered sale deeds were executed.

(3.) Respondent No.13 filed a suit for permanent injunction vide O.S.No.76 of 2020 which is pending on the file of the Court of District Judge, Medak at Sangareddy and in the said suit, interim injunction was also granted. The petitioner was not made a party to the said suit.