Dismissed¶¶61

Shaik Dilshad v. The District Legal Services Authority

Andhra Pradesh HC3 Aug 2025WP/1975/2023

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati (RRR,J & TCDS,J; order per R. Raghunandan Rao, 04-08-2025) in W.P.No.1975 of 2023: challenge to Lok Adalat Award dt.26-06-2022 in O.S.No.1093/2019 (specific performance suit, DLSA Ongole); plea of fraud/misrepresentation and non-payment of additional consideration of Rs.80,000 rejected as award recorded the payment; Dowlath Bee v. Mahaboob Basha (WP 13558/2023) relied on; writ dismissed without costs.

What did the court decide?

None; writ petition dismissed with no order as to costs, and pending miscellaneous applications closed. ¶¶61

Shaik Dilshad Vs The District Legal Services… — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010039882023

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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AND

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THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR

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WRIT PETITION No: 1975 OF 2023

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Between:

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Shaik Dilshad, W/o. Sk.Babu, aged about 59 years, R/o.Geethanjaiⁱ Apartment Gayatri Nagar, Kavali, SPSR Nellore District^{AndhraPradesh} ...Petitioner AND .

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...Petitioner

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The District Legal Services Authority, Ongole, Prakasam District, AP Rep.by its Secretary

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Puvvada Venkata Subbaiah, S/o. Sanjeeva Rao, Aged 46 years, R/o. A.V.N.Residency Plot No.104, 0pp. Gayathri Mandiram Mangamoor Road, Ongole, Prakasam District, Andhra Pradesh

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Certiorari to call for the records relating to the impugned Lok Adalat Award dt.26-06-2022 passed in O.S.No.^1093/2019 on the file of the ISt respondent and quash the same as being illegal, arbitrary as obtained by misrepresentation and playing fraud on. the court by the respondent no.2

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Award dt.26-06-2022 passed in O.S.No.1093/ 2019 on the file of the 1st Respondent pending disposal^{oftheabovewrit} petition

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Counsel for the Petitioner: M/S. KAVITHA GOTTIPATI Counsel for the Respondents No.2: SRI NAGA PRAVEEN VANKAYALAPATI

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Counsel for the Respondents: S LAKSHMINARAYANA REDDY The Court made the following order:

APHC010039882023

[3541]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY. THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR

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WRIT PETITION NO: 1975/2023

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Between:

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1.SHAIK DILSHAD, W/0. SK.BABU AGED ABOUT 59 YEARS, R/O.GEETHANJALl APARTMENT GAYATRI NAGAR, KAVALI, SPSR NELLORE DISTRICT ANDHRA PRADESH

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...PETITIONER

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AND

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1.THE DISTRICT LEGAL SERVICES AUTHORITY, ONGOLE PRAKASAM DISTRICT, AP REP.BY ITS SECRETARY

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2.PUVVADA VENKATA SUBBAIAH, S/0. SANJEEVA RAO, AGED⁴⁶ YEARS, R/O. A.V.N.RESIDENCY PLOT NO.104, OPP. GAYATHRI MANDIRAM MANGAMOOR ROAD, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ of Certiorari to call for the records relating to the impugned Lok Adalat Award dt.26-06-2022 passed in O.S.No.1093/2019 on the file of the ISt respondent and quash the same as being illegal arbitrary as obtained by misrepresentation and playing fraud on the court by the respondent no.2 and pass

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RRR,J & TCDS,J W.P.No.1975 of 2023

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the Award dt.26-06-2022 passedⁱⁿ O.S.No.1093/ 2019 on the file of the 1st Respondent pending disposal of the above writ' petition and pass

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased Pleased to receive the Counter Affidavit on record by allowing the Leave Petition in the above Writ Petition and pass

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Counsel for the Petitioner:

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1.KAVITHA GOTTIPATl

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Counsel for the Respondent(S):

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NAGA PRAVEEN VANKAYALAPATI

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2.S LAKSHMINARAYANA REDDY

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3 RRR,J & TCDS,J W.P.No.1975 of 2023

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The Court made the following Order: (perHon’ble Sh^{JusticeR.RaghunandanRao)} The 2 nd respondent herein, had filed O.S.No.1093 of 2019 on^thefileof the learned Principal Junior Civil Judge, Ongole, for^{specificperformanceof} an Agreement of Sale. This Suit was settled, in the Lok^{Adalat,conductedby} the 1®^ respondent and an award, dated 26.06.2022,^{waspassed.Underthis} nd Award, the petitioner was executed a deed of sale in favour of the 2 respondent. 2 The petitioner has approached this Court, contesting^the said Award and seeking a Writ of Certiorari for setting aside^{thesaidaward.Theground} raised by the petitioner is that, she had been promised an amount of Rs.80,000/-, which would be paid as an additional consideration^and that, such additional consideration had not been paid despite^{executionofthedeed} of sale in favour of the 2"'‘ respondent.

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3 The petitioner contends that, the Award had been obtained as the nd promise made by the 2 nd respondent has not been fulfilled and that the 2 respondent, in clear breach of promise has refused to pay a sum of Rs.80,000/-. 4. The learned counsel appearing for the 2'"'^ respondent^wouldcontend that, the award itself records that the balance amount^{ofRs.80,000/-hadbeen} paid to the petitioner, on 26.06.2022 itself and as^{such,nofurtheramountis} needed to be paid out.

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RRR,J & TCDS,J W.P.No.1975 of 2023

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In view of the fact that the award itself records payment of Rs.80,000/-, we do not find any merit in the contention raised by the petitioner that an additional amount of Rs.80,000/- was required to pay and that, such an amount had not been paid.

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In that view of the matter we do not find any reason to intervene in the present Writ Petition and we find support for this view in the Judgment of this Court in the case of Smt. Dowlath Bee & another Vs. Sri T. Mahaboob Basha & another, dated 31.07.2024, in W.P.No.13558 of 2023.

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