Chilkuri Jayamma, v. The State Legal Services Authority,

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.4830 of 2018 Date: 28.06.2018 Between :

Chilkuri Jayamma ... Petitioner And The State Legal Services Authority, Rep. by its Secretary, State of Telangana, Hyderabad and others.

... Respondents COUNSEL FOR PETITIONER : Sri P. Ramakrishna, representing Sri Chalakani Venkat Yadav COUNSEL FOR RESPONDENTS : Sri J. Anil Kumar,SC for R1&R2 Sri Naga Srinivasa Rao for R3 THE COURT MADE THE FOLLOWING:

ORDER : (per Hon'ble Sri Justice C.V. Nagarjuna Reddy) This writ petition filed by the petitioner, who is admittedly a party to the Settlement based on which the impugned Award was passed by the Lok Adalat at Nalgonda, is liable to be dismissed on two grounds, namely; that the Award was passed as far back as 09.02.2011 and the present writ petition is filed more than seven years thereafter. No plausible reasons have been assigned by the petitioner for approaching this Court eight years after passing of the Award. Therefore, the writ petition is liable to be dismissed on the ground of latches.

Yet another ground for dismissing the writ petition is that, admittedly, the petitioner was a party to the Settlement. It is not the pleaded case of the petitioner that the Settlement was arrived at as she was forced or coerced to enter into the Settlement or that the Award passed by respondent No.2 is a result of the fraud. In the absence of these grounds, the writ petition cannot be entertained to revive a stale claim.

The writ petition is accordingly dismissed. No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

__________________________ C.V. NAGARJUNA REDDY, J ____________________________ GUDISEVA SHYAM PRASAD, J 28.06.2018.

Msr

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.4830 of 2018 28.06.2018 Msr