High Court · 2025
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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 pleased to issue an order or orders more particularly one in the nature of writ of Mandamus to declare the proceedings Lr.No.1 219lPM/lPU/TGllc/2009, dt. og.12.2024 issued by the 2nd Respondent as arbitrary, discriminatory, illegal and violative Article 't 4 of the Constitution of lndia and in violation of principles of natural justice declare the action of the 1st Respondent in not extending the time as per the- recommendations dated 01.09.2020 of the 2nd Respondent as arbitrary and illegal and consequently direct the Respondents to allow the Petitioner to continue the constructions in the land under Agreement Document No.399/2011, dated 12.01 .2011. (Prayer Amended as per Court order dt: 241212025 in lA'No'1/2025) lA NO: 1 OF 2024 Petition under section 151 cPC praying that in the circurmstances stated in the affidavit 'iled in support of the petition, the High Court may be pleased to suspend the p'oce,:dings Lr No. 12i6169/PM(tpUyTSIC/2009 dt. 22.01 .2021 issued by the 2 rd Respondent during the pendency of the above writ petition and lA NO: 2 OF 20124 Petition trnde' Section 151 cpc praying that in the circumstances stated in the affidavit filec in support of the petition, the High court may be pleased to direct the Resprrndents not to interfere in the peaceful possession and enjoyment of the Petitione'ovor the Plot N o.1A admeasuring Ac.5-00 guntas (20,239 40 square meters) situe ted in Hyderabad knowledge city in survey l,lo.g3/1 . Raidurg Panmakta Villa']e, Serilingampally Mandar, Ranga Reddy Dis;trict . during the pendency of the above writ petition. Counsel for the Petitioner: SRI M.NARENDER REDDy, SENIOR COUNSEL REPRESENTING SRI G.PRABHAKAR SARMA, ADVOCATE Counsel for the Respondents: SRt R.AHUL REDDY, SpL. cp REPRESENTTNG THE ADDL ADVOCATE GENERAL The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION 0.35923 of 2024 ORDERI Heard Sri M. Narender Reddy, learned Senior Counsel representing Sri G.Prabhakar Sarma. tearned counset appearing on behalf of the petitioner on record and Sri Rahul Reddy, !earned Special Government Pleader representing the learned Additional Advocate General, appearing on behalf of the respondents on record.
2. The oeti ioner aooroached the Court seeki o Draver as under: "...to issue an order or orders more particularly one in the nature of Writ of Mandamus to declare the proceedings Lr.No.1219lPMllPUfiGIlC/2009, dt: 09.t2.2024 issued by the 2nd Respondent as arbitrary, discriminatory, illegal and violative Article 14 of the Constitution of India and in violation of principles of natural justice and consequently direct the Respondents to allow the Petitioner to continue the constructions in the land under Agreement Document No.399/2011, dated 12.01.2011." 3 The amen ded praver of the petition er s as under:- \ 2 I SN, J wP i5921 2024 . "...tc issue an order or orders more particularly one in the nal.ure of Writ of Mandamus to decl;rre the pror:eedings 1r.No.1219lPM/lPU/fGIIC/2009 dt: 09..2.,D24 issued by the 2nd Respondent as a-bitrary, disc-iminatory, illegal and violative Article 14 of the Con rtitution of India and in violation of principles of natr ral justice and declare the action of the 1't respondent in not extending the time as per the reccmmendations dated 01.09.2020 of tte 2nd respond3nt as arbitrary and illegal and consequen y direi:t the Respondents to allow the petitic ner . to continue the constructions in the land under Agreement Docume'rt No.399/2011, dated t2.0L207L"
4. Learned Special Government Pleader draws attention of this Court to the proceedings Lr.No.121glpM(IpU)/TGIIC/2009, dated 14.O2,tlrl25 of the Vice Chairman and Manaqing )irector of Telangana In,justrial Infrastructure Corporation Lirrited and submits tlrat :he order impugned in the present writ petition dated 09. L2.2024 passed by the respondent No.2 had been withdrawn in compliance of the directions of this Court passed in W.P.No.72725 of 2021 dated 28.12.2022 and therefore, cause of action in th€ present writ petition does not sL. rvive for adjudicatio n. I I J SN, J wP 35923 2024 5. Learned Senior Designated Counsel appearing on behalf of the petitioner referring to letter vide Lr.No.1219/PM(IPU)/ TSIIC/2009, dated 01.09.2020 of the Vice Chairman and Managing Director addressed to the Principal Secretary to Government, Industries and Commerce (IP & INF) Department, Telangana Secretariat, Hyderabad, submits that the said proceedings had not been implemented and time lines framed had not been followed even in the year 2025.
6. Learned Special Government Pleader appearing on behalf of the respondents does not dispute the said submissions made by the learned Senior Designated Counsel appearing on behalf of the petitioner. PERUSED THE RECORD:-
7. The letter, dated 01.09.2020 of the Vice Chairman and Manaqino Director address edtot he l't resDondent herein is extracted her u nder: - In pursuance to the orders of the Government under reference 1st cited, M/s.SBH was requested to furnish detailed timelines in implementation oF the project (copy enclosed ) 4 u,, ,,rr, ?Iii reference 3'd cited has informed merge of SBH with SBI and now the req u ired appro,rals and l, and submitted their timelines- In relly, M/s. SBH, vide that, the delay is due to they, have obtained all comp eterrl compound wal as un ler: x Conrmercement of work: 1S.12.2020 i.e., 4 months x Conrpletion oF the project:15.08.2022 i.e., 2 years Ir view of the above timelines submitted by trt/s. SBH, it is requested to issue necessary orders on the re:quest of IVls SIIH in granting EOT up lo OB/2022 for implementation of the p ro; ect. If agrt:ed, one year period may be granted initially and if fou rd ;ubstantial implementation, another cne year period ma'r be examined at that time.
8. Takinq into consideration:- a) 'l'he aforesaid facts and circumstances of the case, b) f he submissions of the learned Senior Designated Corrnsel appearing on behalf of the petitioner and learnerl Special Government pleader appearing on behalf of th.: respondents, t t 5 SN, J wP 35923 2024 c) The contents of the proceedings, dated O1.O9.2O2O of the Vice Chairman and Managing Director of Telangana fndustrial Infrastructure Corporation Limited (referred to and extracted above), d) The contents of the proceedings, dated O9.t2.2O24 of the Vice Chairman and Managing Director of Telangana Industrial fnfrastructure Corporation Limited, which however had been withdrawn in compliance to the directions of this Court passed in W.P.No.12725 ol 2O2L, dated 28.12.2022. Though the cause of action in the present Writ Petition does not survive for adjudication any more, duty considering the request of the learned senior designated counsel appearing on behalf of the petitioner in reference to the hardship faced by the petitaoner, in the interest of justice, the Writ Petition is disposed of directing the respondents to consider the request of the petitaoner for initiation of appropriate steps forthwith for implementation of the subject project within a period of four (O4) weeks from the date of receipt of copy of the order, though the specific recommendations and the I 6 SN..I r\ P ,r59lt 2024 \ timelanes lairl down in the letter dated O1'09'2020 of the 2"d respondent addressed to the 1't respondent (referred to and extrar:t€d above) already elapsed' However, there shall be 11o order as to costs. The mi:;:ellaneous applications, if any pending, r;hall stand closed. //TRUE COPY// AS]SI \TANT SD/.A. SRINIVASA REDDY REGISTRAR ,/ \ ECTION OFFICER \, The Princ pal Siecretary, State of Telangana,.lndustries and Commerce (lNF) D;;i;;It. ciFIFAC): I and c (lP and trur1 Department ser:retariat' Hvderaba i. if, EVi""u", ir,u i,.man and Managing Director ( FAC), Tetan ga nz I nd u^strial^ t;i;r;'rd;;i joipbiuifun Ltd,"Pa"risrama Bhavanam, 6th Flor>r' 5-e-58/8' Fathemairlan lload, HYderabad. i;;;l'ffi;;;q"',-inL ri,iangini lndustrial lnfrastructure c-orprration Ltd'' . F;il;;; Bi:'vanjm, 6th Floor, S-9-S8/8, Fathemaidan Road' Hvderabad' oie-cti,, snr c.pnnaHnKAR SARMA, Adygga!^e [oPUC] i'i'i" ccr i" nilol noVocnre GENERAL, High court for th-' state of Telangan;r, at Hyderabad. IOUI Two CD (;oPie s To 1 2 J 4 5 6 PSK. LS I i I HIGH COUITT DATED:Il4 fit2tz1zl CC TODAY ORDER WP.No.3S92:j of 2024 I )f' 1 rE sT4r' e 21 APn 20ffi /q .l o \\ * i:: Pz o .\ {+ * .DISPOSIN(3 OF THE WRIT PETITION WTHOUT .COSTS I 4.s 74