✦ High Court of India · 04 Jan 2025

Vemulapalli Srinivasulu, Sio v. Kotaiah, Aged about Major, Occ. Employee of Sreenidhi Luxury Homes Pvt Ltd/Square

Case Details High Court of India · 04 Jan 2025
Court
High Court of India
Decided
04 Jan 2025
Bench
Not available
Length
1,371 words

4. Sreenidhi Luxury Homes Private Limited, Having its registered office at Plot No. 1057M, 1st Floor, Road No. 45, Jubilee Hills, Hyderabad-500038 Rep by its Authorised Singatory, Mr. Jalla Nageswara Rao

5. Vemulapalli Srinivasulu, Sio V. Kotaiah, Aged about Major, Occ. Employee of Sreenidhi Luxury Homes Pvt Ltd/Square Spaces LLP Plot No. 10571M, 1St Floor, Road No. 45, Jubilee Hills, Hyderabad-500038

6. Srinivas Nallam Kumar, S/o Not known to Petitioner Aged about Major, Occ. Director of Sreenidhi Luxury Homes Pvt Ltd R/o PIot No. 1057M, 1St Floor, Road No. 45, Jubilee Hills, Hyderabad-500038

7. Yarma Chiluvuri, S/o Not known to Petitioner Aged about Major, Occ. Director of Sreenidhi Luxury Homes Pvt Ltd, Fi/o Plot No. 1057M, 1St Floor, Road No. 45 Jubilee Hills, Hyderabad-500038

8. Umanja Venkata Satya Siva Srihari Kolla, S/o Not known to Petitioner, aged Major, Occ. Director of Sreenidhi Luxury Homes Pvt Ltd R/o Plot No. 1057M, 1St Floor, Road No. 45, Jubilee Hills, Hyderabad-500038

9. Motilal Jain, S/o Not known to Petitioner, Aged about Major, Occ. Business, Fl/o 5-4-156, 1Sth Floor, T-19 Towers Ginwala Compound, Raniganj, :.e*?g|%"rlB?i.1" Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more in the nature Writ of Mandamus declaring the. a) inaction on the part of the Third Respondent in initiating any action on the complaint submitted by the Petitioner under Section 450 of GHMC Act 1955 dated 4th January 2025 (received on 6th January 2025) for revocation of the building permission granted to the Fourth Respondent Building Permit file No. 013705/GHMCt6725t,SLP112023 -BP and 6146/GHMC/SLPltL024-BP dated 01lOBl2024 in respecl. of land in Survey Number 109 in Kondapur Village and Sy. No. 71|P,721P,73lP in Serilingampalli Village, Ranga Reddy District - 500 084 and b) inaction of the Second Respondent initiating any action suo moto under Section 7 of the Rc'al Estate (Regulation and Development) A.ct 2016 on the complaint dated 2111212024 (received by the Second Respondenl 2311212024) submitted to the b'y the Petitioner for revocation of Registration of Project Registration Number-P02400008653 in respect of Survey Number 1091118, 1Ogl1lC, 11gl1lA, l)glllD and 10911|E, Kondapur Village, Serlingampally [Vlandal, Ranga Reddy District as being arbitrary and contrary to Article, 14 and 300-4 o1' Constitution Of lndia and consequently direct the Third Respondent to immediately initiate action on the complaint submitted by the Petitioner under Section 450 of the GHMC Act 1955 dated 4th January 20.25 (received on 6th January 2025) and consequently direct the Second Respondent to fortwith initiate action on the complaint dated 2111212024 (received by the Second Respondent 2311212024) lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 4 to I not to create any third party interests, alienations or encumbrances or alter or change the nature of the subject property in Survey Number 109/1/8, 11gl1lC, 1}gl1lA, 10911lD'and 109i1/E, Kondapur Village, Serlingampally Mandal, Ranga Reddy District, pending disposal of the writ petition, as otheruruise the Petitioner would suffer grave and irreparable loss Counsel for the Petitioners: SRI SRIKANTH HARIHARAN Counsel for Respondent No. 1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent No. 2: SRI G. S. PRASEN Counsel for Respondent No. 3: SRI G. MADHUSUDHAN REDDY, SC FOR GHMC The Court made the following: ORDER , THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.3 989 of 2025 ORDER: Heard learned counsel for petitioner and Sri G.S. prasen, learned Standing Counsel for Telangana State Real Estate Regulatory Authority appearing for 2"d respondent and Sri G. Madhusudhan Reddy, learned Standing Counsel lor Greater Hyderabad Municipal Corporation (GHMC) appefiing fbr 3'd respondent Greater Hyderabad Municipat Corporation, rep. by its Commissioner, Hyderabad.

2. Petitioner is claiming that he is the absolute owner and possessor of land admeasuring Ac. 1.10 guntas in Survey No.l09i l/C (part) siruared at Kondapur Village, Serilingampally Mandal, Ranga Reddy District, on the strength of a registered sale deed dated I L02. 199g. Respondent Nos.4 to t had obtained building permit order from 3'd respondent by way of misrepresentation. They have uploaded unregistered docurnent in the portal of 2"d respondent. The same is illegal. Therefbre, petitioner l.ras lEa.:g..-; 2 KL, J W P.No 3'189 ot 2025 submitted representations dated 19.12.2024 and 04.01 .2025 to 2nd and 3'd respondents respectively, with a rcquest 1o take action againsl. respondent Nos.4 to 9. Despite receivirrg and acknowledging the said representations, 211d and 3"1 respondents did not act upon the same. Aggrieved by tlLe said inaction of 2''d and 3'd respondents, petitioner has fiI,:d the present Writ Petition J Learned Standing Counsel appearing for 2"d respondent, on instructionrs, rvould submit that petitioner has to submit an application in Form-M under Regulation 7 of Telangana Real Estate Regulatory Authority (General) Regulatiot'rs, 2023, before 2"d rcsrpon<1ent and 2.d respondent will consider the

4. Learned Stancling Counsel appearing for 3'd respondent, on instructionr;, would submit that there are disputes between petitioner and respondent Nos.4 to 9 with regard to the title over the sub.ie,;t property. 3'd respondent cannot adjudicate the title disputes. He will only consider three aspects i.e., 1) rnisreprescntation/suppression of facts; 2) false statement, if \ 3 KL, J W P.No.39a9 o,202s any, made by the applicant, and 3) construction in deviation to the building permit order. However, 3'd respondent will consider the said representation dated 04.01 .2025 submitted by petitioner and pass appropriate orders strictly in accordance with law by putting petitioner and respondent Nos.4 to 9 on notice and affording them an opporlunity of hearing.

5. In the light of the said submissions, notice to respondent Nos.4 to 9 is dispensed with. I i

6. Accordingly, this Writ Petition is disposed of granting I liberty to petitioner to submit an application in Form-M under Regulation 7 of Telangana Real Estate Regulatory Authority (Generat) Regulations, 2023, befbre 2,d respondent. Then, 2nd respondent shall consider the same. Further, 3'd respondent shall consider representation dated 04.01 .2025 submitted by petitioner and if the allegations made by petitioner are found to be correct, he shall take action against respondent Nos.4 to 9 strictly in accordance with the procedure Iaid down under Greater Hyderabad Municipal Corporation Act, 1955, by putting petitioner and respondent Nos.4 to 9 on notice and 4 KI-, J w P.No.3939 oi2025 affording thcnr an opportunity of hearing. He shall cornplete the said exercise within a period of four (4) weeks frorn the date ofreceipt ofa copy oIthis order. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed //TRUE COPYII SD/-MOHD. ISMAIL REGISTRAR ON OFF]CER ASF i\ U Road, Hyderabad

1. The Te-lalgana State Real Estate, RegulatoryAuthority DTCp Building, Ground - Floor, 640, A C.Guad_s, Masab Tank, Redhills, Hyderabad, Tetangani500004 2. The Commissioner, Greater Hyderabad Municipil Corporation, L6wer Tank Bund 3. One CC to Sri Srikanth Hariharan Advocate tOpUCl 4. Two CCs to GP For Municipal Administration & Urbbn Development, High Court 5. One CC to G. l\Iadhusudhan Reddy, SC for GHMC (OPUC) 6. One CC to Sri G. S. prasen, SC foi TSRERA(OPUC) 7. Two CD Copiet; for the State of Telangana. [OUT] w/ To, MBC BS \ HIGH GOURT DATED: 1210212025 ( q t) ,r. \, itE $rf,t r 1 e I ? l-F B n U 25 ( ;l C) i i' ._1li ORDER WP.No.3989 of 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS @ # JJ

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