THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION Nos.11190 OF 2005 AND 5841OF 2004 DATED: 08-8-2007 W.P.No.11190 of 2005: Between: Rajupalepu Purnachandra Rao .. Petitioner and The Director of School Education, Saifabad, Hyderabad and others. .. Respondents and W.P.No.5841 of 2004: Between: Rajupalepu Purnachandra Rao .. Petitioner and The Director of School Education, Saifabad, Hyderabad and others. .. Respondents THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION Nos.11190 OF 2005 AND 5841OF 2004 COMMON ORDER: W.P.No.11190 OF 2005: This writ petition is filed seeking a mandamus declaring the proceedings in Rc.No.371/B1-3/2004, dated 21.03.2005, passed by the 1st respondent as arbitrary and illegal. The brief facts of the case are that, one Smt R.Bala Bharathamma, the mother of the petitioner and the owner of R.S.R. Aided Elementary School (hereinafter referred to as ‘the School’), Ganjipalem, Chirala Mandal, Prakasam District, executed a will deed, dated 07.10.1999, in favour of her second son, by name, R. Lakshmi Ram Prasad, husband of the 3rd respondent herein, empowering him to manage the said school. After her death, since the petitioner also claimed a right in the management of the school, the husband of the 3rd respondent herein filed a suit, being O.S.No.134 of 2000, on the file of the Principal Junior Civil Judge, Chirala, seeking a declaration that he alone is entitled to manage the school. However, the parties entered into an agreement on 05.06.2000, in which it was agreed that the petitioner should act as a Correspondent and the husband of the 3rd respondent herein should act as a Manager and look after the management of the school. Consequent to the said agreement, the matter was referred to Lok Adalath at Chirala, where an award was passed on 17.06.2000, as under: 1) Both plaintiff and defendant present before Lok Adalat. The defendant agreed that the plaintiff can manage the R.S.R. Aided Elementary School, Ganjipalem, Chirala as per the agreement dated 5.6.2000. 2) That the suit is hereby decreed as compromised as per the terms of agreement dt. 5.6.2000. 3) That the plaintiff is entitled for the court fee paid by him. The agreement copy also filed before Lok Adalat. After the matter was decided as such by the Lok Adalath, the said Rajupalepu Lakshmi Ram Prasad, the husband of the 3rd respondent herein, died. While so, since the official respondents did not approve his candidature as Correspondent of the School, as per the agreement dated 05.06.2000 and award dated 17.06.2000, the petitioner filed W.P.No.25628 of 2002 before this Court and the same was disposed of on 27.12.2002 with a direction to the 2nd respondent to pass appropriate orders on the application made by the petitioner with regard to approving his candidature as Secretary and Correspondent of the School, within a period of six weeks from the date of receipt of a copy of the order, as per law. As the said order was not complied with, the petitioner filed a contempt case, being C.C.No.971 of 2003, before this Court. Thereupon, the 2nd respondent forwarded the proposals to the 1st respondent for approval of the candidature of the petitioner as Secretary and Correspondent of the School, but the 1st respondent rejected the case of the petitioner, by an order dated 09.02.2004. Aggrieved by the same, the petitioner preferred W.P.No.5841 of 2004 before this Court. While the matter stood thus, the 1st respondent passed the impugned proceedings, dated 21.03.2005, approving the correspondentship of the school in favour of the 3rd respondent herein. Aggrieved by the same, the present writ petition is preferred. Learned counsel for the petitioner states that in the teeth of the award passed by the Lok Adalath, the parties have no option except to abide by the same. On the other hand, the learned counsel appearing for the 3rd respondent states that the passing of the award has no consequence whatsoever and the 3rd respondent has every right to be appointed as Correspondent of the School. He further contended that this dispute has emanated in view of the fact that the petitioner has not honoured the award passed by the Lok Adalath, consequent to the agreement entered into between the parties, and the 3rd respondent is not permitted to manage the affairs of the School. Be that as it may, since the Lok Adalath, Chirala, presided over by the Senior Civil Judge of Chirala, has passed an award on 17.06.2000, in pursuance of an agreement dated 05.06.2000 entered into between the parties, the same is binding on both the parties. In the teeth of the said award, the authorities have no option, but to implement the same. Therefore, I am of the opinion that the impugned order passed by the 1st respondent approving the correspondentship of the 3rd respondent is arbitrary, illegal and the same is liable to be set aside. Accordingly, the writ petition is allowed setting aside the impugned order, dated 21.03.2005. However, if there is any dispute with regard to the management of the school and if the 3rd respondent is not permitted to manage the affairs of the school, it is always open for her to take appropriate steps as available under the law by filing an execution petition, but she cannot time and again raise the same dispute, which was already settled between the parties in the Lok Adalath, claiming that she must be declared as Correspondent of the school. Further, it is made clear that the petitioner shall not interfere with the functions of the 3rd respondent as a Manager of the school. W.P.NO.5841 of 2004: In view of the conclusions arrived at in the above writ petition, this writ petition is also liable to be allowed and accordingly allowed. The order impugned in this writ petition is set aside and the official respondents are directed to consider the application of the petitioner for approving his candidature as Correspondent of the school, taking into consideration the award passed by the Lok Adalath on 17.6.2000 in O.S.No.134 of 2000. ____​__________ C.V. RAMULU, J 8th August, 2007. IBL