Rakesh Kobbanna And 11 Others v. The State Of Telangana And 6 Others

HIGH COURT FOR THE STATE OF TELANGANA HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND HON'BLE Dr. JUSTICE SHAMEEM AKTHER Writ Petition No.13426 of 2019 Date: 31.07.2019 Between:

Rakesh Kobbanna and others.

...Petitioners

And The State of Telangana, Rep. by its Secretary, Law Department, Secretariat, Hyderabad and others.

...Respondents

Counsel for the Petitioners : Sri M.A.K.Mukheed Counsel for the Respondent No.1 : Government Pleader for Law, Legislative Affairs Counsel for the Respondent Nos.2 & 3 : Sri Jukanti Anil Kumar Counsel for the Respondent Nos.4 to 7 : --- The Court made the following:

HCJ & Dr.SA,J WP No.13426 of 2019 ORDER: (Per Hon'ble Dr.Justice Shameem Akther) This writ petition is filed to declare the action of the respondent Nos.1 to 3 in passing the award dated 30.10.2013 in O.S.No.1061 of 2013 by the Lok Adalat, L.B.Nagar, Ranga Reddy District, respondent No.3, in favour of respondent Nos.4 to 7 as illegal, arbitrary and consequently, suspend the said award.

2.

Heard arguments of Sri M.A.K.Mukheed, learned counsel for the petitioners and perused the record.

3.

The learned counsel for the petitioners would contend that the impugned award was obtained by the respondents 4 to 7 in collusion with respondents 1 to 3 by suppressing the real facts. The petitioners herein have title and possession over the property covered by the impugned award and ultimately prayed to set aside the same. 4.

The petitioners are claiming title and possession over the subject land and also contending that the impugned award is jeopardizing their substantial interest in the property covered by the said award. Certain factual aspects relating to title and possession as well as allegations of collusion and fraud are made in this writ petition. It is relevant to state that the impugned award passed by the respondent No.3 operates inter se between the parties. The writ petitioners ought not have made any allegations against the unofficial respondents, which is uncalled for. The contentions raised in the writ petition cannot be adjudicated and dealt with under the writ jurisdiction of this Court. The petitioners have to work out their remedy available under law before the competent Civil Court. The writ petition is devoid of merits and is liable to be dismissed.

HCJ & Dr.SA,J WP No.13426 of 2019 5.

Accordingly, the writ petition is dismissed at the stage of admission. Pending Miscellaneous Petitions, if any, shall stand closed. No order as to costs.

_____________________________________ RAGHVENDRA SINGH CHAUHAN, HCJ _____________________________________ Dr. SHAMEEM AKTHER, J Date: 31.07.2019 grk