✦ High Court of India · 25 Feb 2025

High Court · 2025

Case Details High Court of India · 25 Feb 2025
Court
High Court of India
Decided
25 Feb 2025
Bench
Not available
Length
1,010 words

2. Alla Nirmala, D/o Shri Thirupathi Reddy, Aged about- 58 years, Occ- House Wife, FIo FIat No- 302, Subhodaya Residency, Dilsukhnagar Hyderabad. ..PETITIONERS AND 1 2 3 4 5 6 The State of Telangana, Represented by it Pdncipal Secretary, Municipal Administration and Urban Development. Dr. B.R. Ambedkar Secretariat, State of Telangana, Hyderabad - 500022 The Commissioner, Narsingi Municipality, Narsingi, Rangareddy District, State of Telangana tM/s RDB LEGEND INFRACTURES PRIVATE LIMITED, Rep. by its l\,4anaging Directors, Shri B.Nageshwara Rao S/o Shri B.Chermaiahand Joint Manalin! Director, Shri Kapil Baldawa S/o Shri Venugopal Baldawa RYo. tL No. Offic-e at 6-3-1238, 6th floor, Legend Apartment, Renuka Enclave, lane opposite, Necklace Road, RIy.Station, Raj Bhavan Road, Somajiguda, Hyderabad-S00 482. IV/s RDB LEGEND INFRACTURES PRIVATE LllMlTED, Rep. by its whole time director, Rajasekhar Reddy Bekkar, R:/o. H. No. PLOT NO 5028. SUITE NO 44, AMARA JYOTHI BUILDING ROAD NO 31, JUBILEE HILLS, Hyderabad, Telangana, lndia, 500033. M/s RDB LEGEND INFRACTURES PRIVATE LIMITED, Rep. by its director, Ashok Barmecha, Rl/o. H.No. PLOT NO 5028, SUITE NO 44, AIMARA JYOTHI BUILDING ROAD NO 31, JUBILEE HILLS, Hyderabad, Tetangana, lndia. 500033 tM/s RDB LEGEND INFRACTURES PRIVATE LIMITED, Rep. by its director, SUShiI KUMAr BANthiA, RI/O. H. NO. PLOT NO 5028, SUITE NO'44, AMARA JYOTHI BUILDING ROAD NO 31, JUBILEE HILLS, Hyderabad, Tetangana, India, 500033 ...RESPONDENTS I I 7 Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any writ or writs, order or direction more particularly one in the nature of wRlT oF A/ANDAMUS declaring the action of the Respondent No. 2 failed to cancel the permission obtained by the Respondent No.3 to 6 not followed the terms and conditions of the Development Agreement-cum-General power of Attorney, entered into vide Regd. Document No. 45812012, dated. 23.01 .2012 situated at Land in survey No. 245, admeasuring Acres 0-20 Guntas, Narsingi Village, Rajendranagar Mandal and Municipality, Ranga Reddy District, Hyderabad is illegal. arbitrary and violation of principles of natural justice and consequenfly to direct the respondent No. 2 to cancel the permission obtained by the Respondent No.3 to 6 not followed the terms and conditions of the Development Agreement-cum-General Power of Attorney, entered into vide Regd. Document No. 458/2012, dated. 23.01 .2012 situated at Land. in survey No. 245. admeasurinq Acres 0-20 Guntas, Narsingi Village, Rajendranagar Mandal and Municipality, Ranga Reddy District in the interest of justice and equity. 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. 2 to stop the construction activities immediately not followed the terms and conditions of the Development Agreemenlcum-General Power of Attorney, entered into vide Regd. Document No. 45812012, daled. 23.O1 .2012 situated at Land in Survey No. 245, admeasuring Acres 0-20 Guntas, Narsingi village, Rajendranagar Mandal and Municipality, Ranga Reddy District pending disposal of the Writ petition. Counsel for the Petitioner: SRI M.JAYASIMHA REDDY Counsel for the Respondent No.'l: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI LAXMAIAH KANCHANI, SC FOR MCPL The Court made the following: ORDER I .tHE, HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PE'I'ITION No.5592 of 2025 ORDER: Heard learned counsel for petitioners and Sri Laxnraiah Kanchani, learned Standing Counsel appearing for 2nd respondent.

2. Perusal of the record would reveal that petitioners have entered into registered Development Agreement-cum-General Power of Attorney vide docltment bearing No.458 of 2012 dated 23.01.2012 with M/s. RDB LEGEND INFRASTRUCTURES PRIVATE LIMITED (Company) for development of land admeasuring 0.20 guntas in Survey No.245 situated at Narsingi Village, Rajendranagar Mandal, Ranga Reddy District. It has completed the construction. But, it is not allotting the share fallen to petitioners in terms of the said Development Agreement-cum-General Power of Attomey. Therefore, petitioners filed the present Writ petition to declare the action of 2"d respondent in not cancelling the building permission obtained by respondent Nos.3 to 6 for not 2 KL. J W D No.5592 of 2025 \..i following the tcrms and conditions ol'the said Development Agreernent-culn-General Power of Attorney, as illegal. and for a consequential direction to 2"d respondent to cancel the building pcrrnission obtained by respondent Nos.3 to 6

3. As discussed supra, it appears that there are disputes between petitioners and respondent Company with regard to the development of the aForesaid property in terms of the aforesaid Development Agreement-cum-General Power of Attomey. 'fherefore., petitioners cannot seek a direction to 2"d respondcnt to cancel the building permission granted in favour of respondent Company as 2nd respondent cannot consider the said disputes betweerr petitioners and respondent Nos3 to 6. If petitioners are aggrieved by the said inaction of respondent Nos.3 to 6, they have to approach the civil Court. But, they cannot file the present Writ Petition. Therefore, petitioners are not entitled for any relief much less relief sought in the present Writ Petition. The Writ Petition is liable to be dismissed. 3 KL, J W.P.No.5592 of 2025

4. Accordingly, this Writ Petition is dismissed. Therc shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY' sD/- P.ch. AGABHUSHAMBA SI ANT REGISTRAR ECTION OFFICER \ To, \

1. One CC to SRI M-JAYASIMHA REDDY' Advocate I 2. One CC to SRI LAXIVAIAH KANCHANI' SC FOR MC - 3'TwoCCstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateof loPUCl Telangana at HYderabad [OUTI

4. Two CD CoPies. BSR GJP cnL HIGH COURT I DATED: 2510212025 ORDER WP.No.5592 of 2025 k J o 1 H I (: 0 2 ,l U 20?5 c a c r i 1 C .\ t\ I j DISMISSING THE WRIT PETITION, WITHOUT COSTS @%t"'

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments