✦ High Court of India · 27 Feb 2025

M/s.Sai Krupa Developers v. 1. The State of Telangana

Case Details High Court of India · 27 Feb 2025
Court
High Court of India
Decided
27 Feb 2025
Length
1,138 words

6. R. Govind Agarwal, S/o. R. Ramadari Agarwal, Aged about.4Olear9',O-9ct-- Business, R6.Plot No.74, New Srinagar Colony, Tirumalagiri, Secunderabad'

7. M/s. Avani lnfra Developers, Rep. by its Managing Partner Authorized ' ' sionatorv. K. Laxminardimni ndo, S/o. K. Chakra-dhar Rao, Aged about 47 y;;;i -oA. Hyderabad - 500013. Business, Rl/o.Plot No.302, Royal Habitat, D.D' Colony'

8. The Dishict Collector, Medchal - Malkaigir District. .....RESPONDENTS Petition Under Article 226 ot 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 particularly one in the nature of *"i O, 1141p4MrJS to declare the action of the official respondents in the request of the 7th respondent in granting layout in respect of ;;;;., ;-"s.56e, 570 and 573 to an extent or Ac ls'00 gts situated at ;;;;-; Aliabad Village, sharreerpet Mandal' Medchal - Malkajgiri District' as illegal' nri ,no void and subjudice and consequenly direct the officiar ;;;, *.0".0".,, not to grant any layout / construction permission / registrations over the above lands' I.A.N O:1 OF 20 25 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 ;;.;", ;" obiection petition, dated. 23-11-2024 fited bv the petitioner before tne request of the 7th respondent over the lands in Sv Nos'569' 570 ;;;t.; tl an extert of Ac.19.00 gts situated at Atiabad Village, Shameerpet ;;; ,".*,, ,*"nal - Malkajgiri District' pending finalization of the writ petition' : SRI JALLI KANAKAIAH, SENIOR cOUNSEL FOR 3ii' l,x1 l"JJnlli:',; " "' Counsel forthe Respondent No'1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No'2 : SMT D'MADHAVI Counsel for the Respondent No'3 : SRI K'PRAVEEN REDDY Counsel for the Respondent Nos'S to 7 : ' Counsel for the Respondent Nos'4 & 8: G'P FOR REVENUE The Court made the following ORDER .d HON'BLE SRI JUSTICE} K' I'AKSHMAN WRIT PETITION No. 5779 ot 2025 ORDER: Heard Sri Jalli Kanakaial., learned senior counsel representing sri Jalli Narendar, learned counsel for the petitioner and Smt. D. Madhavi, learned standing counsel appearing for respondent No'2, Sri K' Praveen Reddy' learned standing counsel appearing for 3'd respondent' learned Government Piead-er for Revenue appearing for 4th respondent, learned counsel appearing for 5th respondent' Pemsed the record.

2. Petitioner is deed/Agreement(, Sth respondent 1n Sy.Nos.569, Shameerpet M receiving balan registered sale d the said prope O.S.Nos.584 of .,i: .that.lre has entered into license -GPA dated 0|'12'2006 wit}l of land admeasuring Ac'19'00 73 situated at Aliabad Village' al-Malkajgiri District' He is not sideration and executing the of the Petitioner in resPect of petitioner has frled suits vide S.No.40 of 2018) and 735 of I KL,J \\ .r No.5779 of 2025 2 2022 (OLd O.s.No.46 of 2018) and O.S.No..+O of 2022 (Otd O.S.No.312 of 2018) against the 5tr' respondent an.d others seeking specihc performance of agreement of sa1e. The said suits are pending on the file of learned II Additionat District Judge, Medchal.

3. It is th,: specific contention of the petitioner herein that during F)endency of the said suits, sth responclent has executed r,tgistered development agreemenl cum irrevocable g,?neral power of attorney bearing dr.,cument No.1395 of 11,023 dated 03.03 .2023 with the 7u, respondent for development of the said property. Now the apprehension of the petitioner herein is that 7rh respondent may obtain layout from 2.,1 respondent in suppression of pendency ol the said suits. Therefore, petitioner has submitted olljections dated 23.1I.2022 to tLre 2d respondent with a request not to granl_ any permission/larzout in favour of 7rh respondent. l)espite receiving ald objections/rep resentation, 2.d respondent did not act upon the safn:. Or:L the otherhand, 2.d respondent has issued acknowledging the t I KL,J W.P No 5779 ot 2025 3 permission/layout in favour of 7th resPondent in respect of the aforesaid pror:erty' Challenging the said action of 2"d respondent, petitioner hled the present writ petition'

4. Whereas, Smt' D' Madhavi' learned standing counsel appearing for 2nd respondent on instructions would submit trral2ndrespondenthasnotreceivedthesaidobjections. However, if petitioner submits said objections' if there is any suppression by respondent Nos'5 to 7' 2'd respondent will consider the same and take action strictly in accordance with law' In the light of the said submission' liberty is granted 5. to petitioner to submit objections to the 2"d respondent and ifrespondentNo'2receivesanyapplicationfrom respondentNos.StoTwithregardtopermission/layout'he shall consider pendency of the aforesaid suits ald suppression of pendency of the aforesaid suits by the respondent Nos.s to 7' 6. With the aforesaid directions' this writ petition is disposed of. There shall be no order as to costs' _'\-. To KLJ w.l'. ,o.5779 ol2OZ5 4 7 As a se<1uel, mrlscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/. A.SRINIVASA RE DY ASSISTANT REGIS SECTION OFFICER

1. The Principal lJecretary, Municipal Adminiskation and Urban Development (MA and UD) Dept, Telangana Secretariat, State of Telangana at Hyderabad

2. The Metropolitan Commissioner, Hyderabad Metropolltanbevelopment Authority, Swarna Jayanthi Complex, Sanjeeva Reddy Nagar, Srinivasa Nagar, Ameerpet, Hyderabad - 500 038. 3. The Panchayat Secretary, Aliabad Gram panchayat, Aliabad, Shameerpet 4 5 6 7 Mandal, Medchal - Maikajgiri District. The Sub-Registrar, Shameerpet, Medchal - Malkajgiri District. The Diskict Cc,llector, Medchal - Malkajgir District. Two CCs to (3P FOR MCPL ADMN AND URBAN DEVELOpMENT, High Court for the State of Telangana at Hyderabad. [OUT] Two CCs to GIr FOR REVENUE, High Court forthe State of Telangana at Hyderabad [OUT]

8. One CC to SRI NARENDAR JALL|, Advocate [OpUC] 9. One CC to SRI K.PRAVEEN REDDY, Advocate (OPUC) 10.One CC to SMT D.MADHAV|, Advocate (OPUC) 1 1. Two CD Copies SA PSK \ t C.C. TODAY \ t'i E STAT€ t 0 5 l4AR 2025 .a * \ I '& ,.'.1 HIGH COURT DATED:2710212025 ORDER WP.No.5779 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. ")

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