IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25317 of 2008 Between: Jatti Gurunadha Rao S/o. Satya Rao Agricultural Market Committee, R/o. jangaredigudem West Godavari District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. By its Secretary, Department of Law, Courts and Justice, Secretariat, Hyderabad. 2 The Station House Officer, Jaganreddigudem Police Station, West Godavari District. 3 Tankani Ravi Satyanarayana, S/o. Not known to the petitioner JFCM Court, Jangareddygudem, W.G. District. 4 Kunuku Anjaneyulu S/o. Appalaswamy Jangareddiguem, West Godavari District 5 Allam Ramababu S/o. Subba Rao Jangareddiguem, West Godavari District 6 Rajanitaraka Srinivasa Naidu @ Sreenu S/o. Tamminaidu Jangareddiguem, West Godavari District 7 Dhanunjaya Raju S/o. Suryanarayana Raju Jangareddiguem, West Godavari District 8 Vedurada Vidyasagara Murthy S/o. Satyanarayana Murthy Jangareddiguem, West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari, call for the records and to quash the award proceedings in L.A.C. No.196/03 Cr.No.140/08 dt. 27.09.2008 on the file of the Lok Adalat (Judicial First Class Magistrate), Jangareddigudem, W.G. District. Counsel for the Petitioner:SMT.D.LALITHA PRASAD Counsel for the Respondent No.: GP FOR LAW & LEGISLATIVE AFFAIRS The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25317 of 2008 ORDER: (Per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed seeking to quash the award proceedings in L.A.C. No.196/03 Cr.No.140/08 dt. 27.09.2008 on the file of the Lok Adalat (Judicial First Class Magistrate), Jangareddigudem, W.G. District. On a report submitted to the JFCM, Jangaredigudem alleging that the petitioner and respondents 4 to 8 entered into the court premises, cut and removed some plants and kept Kanakadurgamma photo and broke coconuts, the same was forwarded to the 2nd respondent, who registered a case in Crime No.140 of 2008 for offences under Sections 447 and 427 r/w 34 IPC and subsequently, the matter was compromised. It is the grievance of the petitioner that the 2nd respondent used undue influence on the petitioner and respondents 4 to 8 and made them to compromise the matter before the Lok Adalat, and that the registration of the crime and compromise were published in local news papers, as a result of which, his reputation in the society and among his relations, was lowered down and thereby, he was deprived of his right guaranteed under Art.21 of the Constitution of India. Heard the learned Counsel appearing for the petitioner and the learned Government Pleader and perused the material available on record. On a perusal of the material available on record, it is apparent that it is not disputed that the petitioner and respondents 4 to 8 went to the Ramalayam situated in the premises of JFCM, Jangareddigudem and they performed pooja and kept Kanakadurgamma photo. Observation report clearly goes to show that the Ramalayam is situated within the Court premises. It is very apparent on the face of the record that the petitioner and respondents 4 to 8 did not get any permission to perform pooja in the Court premises. When a group of people gathers, cuts and removed some plants and performed pooja, without any permission, some panic emerges in the mind of the persons, who were on duty at that time and in such situation, the complaining of the same to the JFCM, is not an unnatural event. If the guard kept quiet, any person would not hasten to make anything in the Court premises, without permission. However, the matter was settled before the Lok Adalat as both the parties arrived at settlement and as the offence in question is compoundable. Keeping silent before the Lok Adalat without offering resistance, after compromise of the matter, the approach of the petitioner on one pretext or the other attributing allegations, does not appear to be a bonafide one and apart from that, it leads to draw an adverse inference against his attitude. In that view of the matter, We feel that the present writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No order as to costs. __________________________ Justice Ghulam Mohammed __________________________ Justice B. Seshasayana Reddy Date: 19th November, 2008 Gurc THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25317 of 2008 (Order delivered by the Hon’ble Sri Justice Ghulam Mohammed) 19/11/2008