A Writ Petition challenging a Lok Adalat award was dismissed because the Court could not examine the petitioner's alleged factual dispute about unauthorized signatures, a remedy reserved for the civil Court.
Petitioner granted liberty to avail other remedies available under law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R. SUBHASH REDDY AND HON’BLE SRI JUSTICE A. SHANKAR NARAYANA
WRIT PETITION No.42290 OF 2015
ORDER: (Per Hon’ble Sri Justice R. Subhash Reddy)
This Writ Petition is filed questioning the Award, dated 10.09.2014, passed by the Lok Adalat Bench at Kurnool in Pre- Litigation Case No.3475 of 2014.
The impugned Award passed by the Lok Adalat contains the signature of the petitioner herein, but he disputes the same alleging that respondent No.3 obtained his signatures on a plain paper and misused it. If that be so, it is for the petitioner to seek appropriate relief before the civil Court. In view of the factual dispute, it is not possible for this Court to examine such dispute in this Writ Petition filed under Article 226 of the Constitution of India.
Accordingly, the Writ Petition is dismissed granting liberty to the petitioner to avail any other remedy available under law. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. No costs.
REDDY, J
___________________________
A. SHANKAR NARAYANA, J
January 04, 2016 MD
HON’BLE SRI JUSTICE R. SUBHASH REDDY AND HON’BLE SRI JUSTICE A. SHANKAR NARAYANA
WRIT PETITION No.42290 OF 2015
January 04, 2016
MD
1 issue framed by the court
Whether this Court can examine a factual dispute regarding the procurement of signatures in a Writ Petition under Article 226.
1 provisions across 1 enactments
Petitioner
Respondent No.3
R. Subhash Reddy
A. Shankar Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
