Rangoori Bhaskara Rao v. District Legal Services Authority

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD Date:19.07.2018 Between:

Rangoori Bhaskara Rao, S/o Late Apparao and four others.

.....Petitioners And:

District Legal Services Authority, reptd by its Secretary, District Court Premises, Visakhapatnam and seven others.

.....Respondents Counsel for the petitioners: Mr. V.Ravinder Rao Counsel for respondent No.1: Mr. J.Anil Kumar Counsel for respondent Nos.2, 6 to 8: Mr. N.Jayasurya Counsel for respondent Nos.3 to 5: Mr. K.Satyanarayana Murthy The Court made the following:

CVNR, J & GSP, J Dt:19.7.2018 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of Certiorari for quashing the compromise decree, dated 24.01.2007, in L.S.A.No.98 of 2007 on the file of the District Legal Services Authority, Visakhapatnam (O.S.No.73 of 2007 on the file of the Principal Senior Civil Judge, Visakhapatnam). After arguing the case, Mr. V.Ravinder Rao, learned senior counsel appearing for the petitioners, submitted that certain civil suits filed by the petitioners with respect to a part of the land, which is the subject matter of this Writ Petition, are pending and that his clients may be permitted to withdraw this Writ Petition with liberty to pursue the said suits and also to file fresh suits, if need be, raising all the pleas that have been raised in the present Writ Petition.

Mr. N.Jaya Surya, learned counsel for respondent Nos.2, 6, 7 and 8 and Mr. Satyanarayana Murthy, learned counsel for respondent Nos.3 to 5, submitted that while in principle, they have no objection for the request of the learned senior counsel, liberty may be given to their clients to raise all legally sustainable objections to protect their interests in the pending and future cases, if any, filed by the petitioners.

CVNR, J & GSP, J Dt:19.7.2018 In the light of the above, the Writ Petition is dismissed as withdrawn without adjudicating the case on merits with liberty to the petitioners and the learned counsel for the contesting respondents in terms of the prayer made.

As a sequel to dismissal of the Writ Petition, order, dated 01.8.2011, in WPMP.No.26325 of 2011 and interim order, dated 09.4.2018, are vacated and WPMP.Nos.26324 and 26325 of 2011 and 35965 of 2017 and I.A.No.1 of 2018 shall stand dismissed as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________________ JUSTICE GUDISEVA SHYAM PRASAD 19th July, 2018 DR