High Court · 2025

4. Thammisefty Sri Venkatesh, S/o. Radha Krishna, Aged 39 years, Occ. Private Service, trJo.2-25-A-15ll, Bapuji Nagar, 4th ward, Nidavolu, WG, AP-534301. 5. Subrat Kumar Nayak, Aged 42 years, Occ. Private Service, R/o. Villa No,379, Praneeth Pranav Leaf, Mallampet, Bachupatly P0, Medchal-lVlalkajgiri District- 500090.

6. Bodapati Naga Durga Prasad, S/o. Venkata Nageswar Rao, Aged 38 years, 9cc. Private Service, R/o. Fat No.G-2, RR ResidencyNear Konda Ramalayam Street, Tanuku, WG, AP-534211.

7. S. Arun Kumar, S/o. Rajendra Prasad, Aged 39 Years, Occ. Private Service, R/o. G-2, SRS Niladri, Road No.7, KVR Valley, Hyderabad. B. Allam Nagaraju, S/o.lam Sai Babu, Aged 40 years, Occ. Private Service, F/o. Flat No.502, 4th Floor, MW Marine, Yendada Village, Vizag Rural-530045. 9. Allam Vasu, S/o. Atlam Sai Babu, Aged 40 years, Occ. Private Service, Fl/o. 2-60-2, SC Colony, Yendada Village, Vizag Rural-530045. l0.Vunnava Tanuja Raja, S/o. Shyamprasad, Aged 37 years, Occ. Private Service, Rio. 1-23, 1-4 Wards, Kistapuram, Thumbur, Khammam District- 507303. '1 1. Koppula Veejeya, Wo. Shrinivas Komaraiah Koppula, Aged 40 Years, Occ. Private Service, Fl/o. Flat No,301, Fortune Plaza, LIC Colony, Manikonda, RR District-500089.. '12.Rajeev Bendi, S/o. Rajeev, Aged 37 years, Occ. Private Service, R/o. 16-3- 21-1118, Ground Floor, Bhagath Sing Nagar - ll, Hydernagar, Hyderabad- 500085. '13. Bhatlamoodi Jagannatha Seshank, S/o. B.Nanda Kishore, Aged 39 Years, O'.cq Private Service, R/o- Flat No.304, Homescapes Sunrise Apartments, KVR Valley, Road No.9, Matlampet,MM District, Bachupally P0-500090. I l4.Anudeep Singh Thakur, S/o. Prabhakar Singh Thakur, Aged 32 years, Occ. Private Service, Fl/o. Flat No.401, Lakshmi Narasimha Apirtment,- Urdu Galli, Himayath Nagar, Hyd-29. '15. lllapakurthi Sri Ram SundarSai Karthik, S/o. Gouri Shankar, Aged 33 years, Occ. Private Service, Rl/o. Flat No.302, Sri Moksha Residenc_-v. panihavai Office Road, Nizampet Village,Bachupatly P0, MM District - 5000ii0.

16. Tattaprag3da -Sarada Devi, D/o. Mani Kumar, Aged 34 years, Occ. private 9gryl"g, Ryo.7-141-1, Venkata Raju Nagar, Chinnaramair Ruial, WG, A p.- 53-4204. ...PETITIONERS AND

1. 2 a 4 5 6 -Telangana, Rep. by its Principal Secretary, Municipal The . State. of Administration Secretariat, Hyderabad. The Metropolitan Commis_sioner, Hyderabad Metropolitan Development Authority, Swarna. Jayanti Complex, Sanjeeva Reddy Nagar Ra, Srinlvaia Nagar, Ameerpet, Hyderabad, TG-500082. The Chief Planning Officer, Hyderabad Metropolitan Develooment Authoritv. Swarna Jayanti Comple;,_-S-anjeeva Reddy Nagar Rd, Srinivasa Nagi'r, Ameerpet, Hyderabad, TG-500082. The Municipal Commissioner, Dundigal Municipality, Dundigal, MM District. M/s.Sterlingtlomes Private Ltd, rep by MD. Alluguvetli Vasudeva Reddy, S/o. Seetharam Reddy,aged 35 years, Oic. Business, 0/o plot No.i2S8 ;'S00, Besides Tqqza Kitchen, 100 Ft Road, Ayyappa Society, Madhapur, Hyderabad-Bl. Smt. J. ,Jayal?kshmi Ranga .t!qyak!, W19. J V. Nagendra Kumar, Aged 51 ygaq, qc9. Business, Rl/o. H.No.48, SRR Heights, Bowrampet, Dlndigat Mandal, MM District-500043. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pl6ased to issue a writ, order, or direction more particularty in the nature of writ of Mandamus declaring the actions of the respondents 2 and 3 in approving the Plan No. 006291/BP/HMDA11241lME0l2o22 dated 2g-os-2023 in respect of the construction is being carried out at Sy. No. 237, Mallampet Village, Dundigal Municipality, Dund igal-Gandimaisamma Mandal, Medchal Malkajgiri District, by the respondent No.5 without completing the constructions as per approved plan originally, is illegal, contrary to the Article .14,19, 3OO-A of the Constitution of lndia. IANO: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.2 and 3 to stop the constructions in respect of pran No. 006291iBP|HMDN1241l[Eot2o22 dated 29-05-2023,being raised by the 5th respondent situated in sy. No. 237, Maflampet viflage, Dundigar Municiparity, Dundigal - Gandimaisamma Mandar, Medchar - Markajgiri District, in accordance with law. l Counsel for the Petitioner: SRt CHAKRAVARTHY.p.V.S.K Counsel for the Respondent No.1: cp FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 & 3: SMT D.MADHAVI, SC FOR HMDA Counsel for the Respondent No.4: SRI PUTTA KRISHNA REDDy, SC FOR MCPL The Court made the following: ORDER HON'BLE SRI JI,STICE K. LAKSHMAN WRIT ONNo.5330 of 2025, ORDER: Heard Sri p.V.S.K.Chakravarthy, learned counsel for the petitioner and Smt. D. Madhavi, learned standing counsel appearing for respond.ent Nos.2 and 3, Sri putta Krishna Reddy, learned standing counsel appearing for respondent No.4. perused the record. 2. Petitioners are claiming that they purchasers of residential flats constructed by str, respondent in the project called ,,sterling Orchids" located in Sy.No.237, Mallampet Village, Dundigal Municipality. 5tr, respondent i'e', Developer received permission to construct residential blocks including A Block (1 Cellar + 1 Ground Floor + 5 Floors) and B Block (l Ground Floor + 5 Floors) along with a club house (Ground + 3 Floors). The project occupied an a-rea of g,g33 square yard.s. It has also registered itself with ReaI Estate Regulatory Authority (for short "RERA") dated 3O.OT.2O2O, with technical approval I I I KL,J W.P.No.s33O of2r2s 2 dated 3O.O8.2OL9. 5e respondent has to complete the construction on or before OI.OZ.2023 with a gross period of December, 2023. He failed to complete the construction and issued occupancy certificates to the petitioners herein. He is making constmction in deviation to the said buitding permit order. The same is illegal. The said facts are mentioned in paragraph Nos.S and 6 of the writ a-flidavit. Therefore, they have approached the Telangana Real Estate Regulatory Authority by way of frling a complaint bearing No.45 of 2024. Vide order dated 14.11.2024, RERA allowed. the said appeal with certain directions. Even then, respondent Nos.2 to 4 are not taking action against Sth respondent. Therefore, challenging the said in action of respondent Nos.2 to 4 petitioner filed the present writ petition.

3. Admittedly, respondent Nos.2 to 4 are not parties to the said complaint bearing No.45 of 2024 and Order dated 14. 1L.2O24 passed by the RERA. petitioners have I I KL.J W.P.No.5330 of 2O2S 3 / to submit a representation to respondent Nos.2 to 4 with a request to take action against Stt respondent 1n compliance with the said order. Petitioners have not filed copy of the said plan dated 29.05.2023 alleged to have been issued by respondent No.2 and 3. However, they have to bring the said facts to the notice of respondent t ( Nos.2 to 4 by way of submitting a representation by duly \ enclosing copy of the order passed in complaint No.45 of 2024 of RERA with a request to take action. Wittrout doing so, they have filed the present writ. petition. Therefore, they are not entitled for the relief sought in the present writ petition.

4. In the light of the said discussion, this writ petition is disposed of granting liberty to the petitioners to submit a representa.tion to respondent Nos.2 to 4 by enclosing a copy of the plan dated 29.05.2023 of responclent Nos.2 and 3 and copy of Order dated 14.1L.2O24 passed in complaint No.45 of 2024 of RERA and on receipt of the KL,J w.P-No.5330 of 2025 4 said representation, respondent Nos.2 to 4 shall take action strictly in accordance wit}. the law.

5. With the aforesaid directions, this writ petition is disposed of. There shall be no order as to costs.

6. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/. P.Ch. NAGABHUSHAMBA S TANT REGISTRAR /iTRUE COPY// To, 1 The Principal Secretary, Municipal Administratio State of Telangana. SECTION OFFICER Secretariat, Hyderabad,

2. The Metropolitan Commissioner, Hyderabad -Metropolitan ^Opu:|9?.'-elt Authority, Swama Jayanti Complex' Sanjeeva Reddy Nagar Rd, snnrvasa Nagar, Ameerpet, Hyderabad, TG-500082.

3. The chief Planning officer, Hyderabad Metropo.litan Develolment Authority, - Swim, layinti iomptex, S6njeeva Reddy Nagar Rd, Srinivasa Nagar' Ameerpet, Hyderabad, TG-500082.

4. The Municipal Commissioner, Dundigal Municipality, Dundigal, MM District. 5. One CC to SRI CHAKRAVARTHY.P.V.S.K, Advocate [OPUCI 6. One CC to SMT D.MADHAVI, SC FOR HMDA [OPUC] 7. one CC to SRI PUTTA KRISHNA REDDY, SC FOR MCPL IOPUC] 8.TwoCCstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateof Telangana at Hyderabad [OUT]

9. Two CD Copies BSR GJP M-' HIGH COURT DATED: 2110212025 I I ORDER WP.No.5330 of 2025 \ /tt,) o 1HE SrA i'4: 0 g Jui{ 21ft \ry," ( { DISPOSING OF THE WRIT PETITION, WITHOUT COSTS p1 6