IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION Nos. 12405 AND 304 OF 2008 WRIT PETITION NO : 12405 of 2008 Between: 1 Ram Avtar Singh S/o. Devanand Singh R/o. Aliabad, Hyderabad, rep. by its G.P.A. Sri Satish Singh S/o. Sri Ram Avatar Singh, aged 44 yrs, Occ: Business, R/o 803, Moghal Apartments, Deccan Town, Basheerbagh, Hyderabad. 2 M/s. Bharadwaj Estates pvt. Ltd., having its office at 307, Vijaya Towers, Shanti Nagar, Hyderabad Rep. by its Managing Director K.V.M.R. Sarma, S/o. late Dr. K.V.S.P. Sarma, aged 45 years Occ: Business R/o. 507, Vijaya Towers, Shanti Nagar, Hyderabad. ..... PETITIONER(S) AND 1 Mohd. Saleemuddin S/o. Mohd. Moinuddin R/o. H.No. 8-3-166/7/3, Erragadda, Hyderabad. 2 Mubarak Bin Awad S/o. Awad Bin Omer R/o. H.No. 23-2-282, Moghalpura, Hyderabad. 3 Iqbal Agha S/o. Khaleelur Rahman R/o. 19-2-21/23/55/A/13, Kalapather, Hyderabad. 4 Hasham Agha S/o. Khaleelur Rahman R/o. 19-2-21/23/55/A/13, Kalapather, Hyderabad. 5 Anwar Agha S/o. Khaleelur Rahman R/o. 19-2-21/23/55/A/13, Kalapather, Hyderabad. 6 The Lok Adalat, District Legal Services Authority, Ranga Reddy, Rep. by its Secretary, Ranga Reddy District Courts Complex, L.B. Nagar, Hyderabad. .....RESPONDENT(S) 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 a writ order or direction more particularly a writ in the nature of Writ of Mandamus declaring the Award/Compromise Decree dt. 11-10-2007 passed by the 6th Respondent in OS No. 371 of 2003 as illegal, arbitrary, collusive and fraudulent and consequentially set aside the same and restrain the respondents 1 to 5 from interfering into the peaceful possession and enjoyment of the petitioners in respect of the property situated in Sy.Nos. 707, 743 and 745 admeasuring Acs 9.00 situated at Shamshabad Village and Mandal, Ranga Reddy District and pass such other order or orders Counsel for the Petitioner: MR.C.V.BHASKAR REDDY Counsel for Respondent No.1: Sri R.Narasimha Reddy Counsel for Respondent Nos.2 to 5: None appeared Counsel for Respondent No.6: SMT.M.BHASKARA LAKSHMI WRIT PETITION NO : 304 of 2008 Between: Mohammed Saleemuddin, S/o. Mohd. Moinuddin, R/o. H.No. 8-3-166/7/3, Erragadda, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Shamshabad Police Station, Ranga Reddy District. 2 The Assistant Commissioner of Police, Rajendranagar, Cyberabad, Ranga Reddy District. 3 Mubarak Bin Awad, S/o. Awad Bin Omer, aged 48 years, H.No.23-1-716, Moghalpura, Hyderabad. .....RESPONDENT(S) 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not providing police protection to the petitioner for implementation of the injunction order passed in O.S.No. 371 of 2003 on the file of Hon'ble Lok Adalat, Ranga Reddy District in respect of lands in Sy.No. 707, 743, and 745 admeasuring Ac. 9-00 situated at Shamshabad Village and Mandal, Ranga Reddy District, as illegal, arbitrary and also violative of Articles 21 and 300-A of the Constitution of India and consequently direct the respondents to provide necessary police protection to the petitioner Counsel for the Petitioner: MR.SRINIVAS CHOUDARY Counsel for Respondent Nos.1 and 2: GP FOR HOME Counsel for Respondent No.3: None appeared The Court at the stage of admission made the following : COMMON ORDER: (Per Sri A. Gopal Reddy, J) These two writ petitions which are interlinked are taken up for hearing at the interlocutory stage and disposed of by this common order, with the consent of the counsel on either side. Writ Petition No. 12405 of 2008 is filed by two petitioners seeking a writ of mandamus by declaring Award/Compromise Decree dated 11-10-2007 passed by the Lok Adalat, District Legal Services Authority, Ranga Reddy District, the 6th respondent herein in O.S No. 371 of 2003 as illegal, arbitrary, collusive and fraudulent and to set aside the same and restrain respondent Nos. 1 to 5 from interfering with the peaceful possession and enjoyment of the petitioners in respect of the property situated in Survey Nos. 707, 743 and 745 admeasuring Acs.9.00 of Shamshabad Village and Mandal, Ranga Reddy District. According to the petitioners, the 1st petitioner entered into an agreement of sale dated 13-02-1986 for purchase of Acs.9.00 of land out of Acs.14.37 guntas owned by one Khaleel Ur. Rahman, father of respondents 3 to 5 herein. As the said Khaleel Ur. Rahman failed to execute the sale deed, he filed O.S No. 407 of 1994 on the file of the learned I Additional Subordinate Judge, Ranga Reddy District seeking specific performance of agreement of sale dated 13-02-1986 in which a decree was passed on 09-02-1995 directing the said Khaleel Ur. Rahman to execute a registered sale deed for the suit schedule property. For due execution of the decree, the 1st petitioner filed E.P No. 8 of 2001 before the learned Subordinate Judge and as per the orders in the E.P, registered sale deed was executed by Khaleel Ur. Rahman on 16-03-2001 in favour of the 1st petitioner. Khaleel Ur. Rahman filed an interlocutory application in O.S No.407 of 1994 for payment of balance of sale consideration which was deposited to the credit of the suit and the same was ordered on 01-03-2000 and a cheque for the amount credited to the suit was also issued in his favour. Later, he filed an interlocutory application for setting aside the ex parte decree passed in O.S No. 407 of 1994 and since there is a delay of 2471 days in filing the said petition, I.A No. 1678 of 2004 was filed by one Yousuf Ali Khan, Hassan Ali Khan, Anwar Khan and Afsari Begum, the legal representatives of Khaleel Ur. Rahman to condone the delay. The said I.A was dismissed on 27-04- 2005. It is also stated that the 2nd petitioner purchased the remaining extent of Acs.5.37 guntas from Khaleel Ur. Rahman under a registered sale deed dated 31-01-2001. After purchase of the same, the Gram Panchayat, Shamshabad while sanctioning the layout submitted by late Khaleel Ur. Rahman called upon to pay regularization fee which was paid by the 2nd petitioner on 19-12-2002. Meanwhile, Khaleel Ur. Rahman, the vendor of the petitioners cancelled the sale deed of the 1st petitioner by executing a cancellation deed on 02- 11-2001 and the sale deed with regard to the 2nd petitioner was cancelled on 09-01- 2002. During the interregnum, 60 plots were disposed of by the petitioners. Questioning the cancellation of the sale deed, the 2nd petitioner filed O.S No. 1126 of 2002 before the learned II Additional Senior Civil Judge, Hyderabad for declaration of title and for cancellation of the cancellation deed of late Khaleel Ur. Rahman. The said suit was dismissed for default on 24-01-2001 and on such dismissal, I.A No. 522 of 2007 was filed for restoration, which is pending. The 1st petitioner has not filed any suit so far against the cancellation of the sale deed executed in his favour. While the matter stood thus, the 1st respondent in the present writ petition and the petitioner in Writ Petition No. 304 of 2008 filed O.S No. 371 of 2003 on the file of the learned IV Additional Senior Civil Judge, Ranga Reddy District against respondent Nos. 2 to 5 for perpetual injunction in respect of the property admeasuring Acs.9.00 of land in Survey Nos. 707, 743 and 745 situated at Shamshabad Village and Mandal, Ranga Reddy District. The said suit was referred to the 6th respondent – Lok Adalat. On such reference, both the parties entered into a compromise and in terms of the same, the suit was decreed in favour of the plaintiff, the 1st respondent in Writ Petition No. 12405 of 2008 and the petitioner in Writ Petition No. 304 of 2008 granting a perpetual injunction restraining the defendants viz., respondents 2 to 5 in Writ Petition No. 12405 of 2008 and their men from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property. After obtaining such decree, he filed Writ Petition No. 304 of 2008 against the Station House Officer, Shamshabad Police Station and the Assistant Commissioner of Police, Rajendranagar, Cyberabad for a writ of mandamus declaring the action of the official respondents in not providing police protection for implementation of the injunction order passed in O.S No. 371 of 2003 on the file of the Lok Adalat, Ranga Reddy District in respect of the suit survey numbers as arbitrary and illegal. Mubarak Bin Awad, the 2nd respondent in Writ Petition No. 12405 of 2008 was impleaded as the 3rd respondent and the subsequent purchasers also filed applications to implead them as the respondents, which were ordered. Heard the learned counsel for the petitioners and also the counsel for the 1st respondent in Writ Petition No. 12405 of 2008 who is the petitioner in Writ Petition No. 304 of 2008 and the counsel for the implead party petitioners. The counsel for the petitioners in Writ Petition No. 12405 of 2008 fairly submitted that the 1st respondent filed Writ Petition No. 304 of 2008 seeking police protection which necessitated the petitioners to file the writ petition challenging the award. As the award is binding only on inter parties and though it does not bind the petitioners, they can always avail the remedies available to them to safeguard their interests in the properties purchased by them under different sale deeds. If any such police protection is granted, there is likelihood of their eviction. Therefore, the present writ petition is filed. Sri R.N. Narasimha Reddy, learned counsel for the 1st respondent in Writ Petition No. 12405 of 2008 and the petitioner in Writ Petition 304 of 2008 submits that the suit is filed only for perpetual injunction against respondent Nos. 2 to 5 in which they had no objection for granting such injunction against them. Obviously, the said injunction is not binding on the petitioners nor it affects their right in the immovable property which they can always safeguard by availing the remedies under law. Since both the counsel agreed that the injunction granted against respondent Nos. 2 to 5 will not bind on the writ petitioners who purchased the property under different sale deeds as narrated above and the suit filed by the 2nd petitioner is pending before the learned II Additional Senior Civil Judge, Hyderabad, he can always prosecute the said suit after its restoration, if I.A No. 522 of 2007 is allowed and we make it clear that any injunction granted by the Lok Adalat will not affect his rights in the suit O.S No. 1126 of 2002 or the rights of the 1st petitioner in the suit schedule property which he acquired under registered sale deed dated 06-02-2000 as per the orders in E.P No. 8 of 2000 and it is always open for him to avail the remedies against the cancellation of the registered sale deed through cancellation deed 02- 11-2001 and obtain appropriate relief from the competent civil Court. Since there are rival claims with regard to the suit schedule property under registered sale deeds who are not parties to the suit, we do not see any ground to issue writ of mandamus directing the police to implement the decree passed by the Lok Adalat since the petitioner had a remedy to execute the same under Section 21 of the Legal Services Authorities Act, 1987 or by filing an E.P before the competent authority. With the above observations, both the writ petitions are dismissed. A. GOPAL REDDY, J S. ASHOK KUMAR, J 06-08-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Lok Adalat, District Legal Services Authority, Ranga Reddy, Rep. by its Secretary, Ranga Reddy District Courts Complex, L.B. Nagar, Hyderabad. 2 The Station House Officer, Shamshabad Police Station, Ranga Reddy District. 3 The Assistant Commissioner of Police, Rajendranagar, Cyberabad, Ranga Reddy District. 4 Two CCs to the Government Pleader for Home, High Court of Andha Pradesh, Hyderabad (OUT). 5 Two CD copies.