Ar High Court · 2025

10. Sree Kshirasagarika Mushunuri, D/o sri Bharani Mushunuri. Aoed abort 25 years. Occ. Emotovee petitioners g to 11)are nio naiflo. jOOZGT;"i;;r;i -C-at-niO"*i, The Botanika, .tbydOfren f ncrave Hvi"rroad_500032 Job,

11. Mallikarjuna Rao G.S.V.S., S/o G. Rama Rao, Age. 51 years, Occ. private 12.Valli Revathi Gonella Wo Sri Mallikarjuna Rao G.S.V.S.. Age.4Syears, Occ. Yoga Teacher. Both R/o rrrt N" iiij).'b"iriii ihe Boranika, Gachibowti, Hyderabad, Telangana. 1 3. Castwel Prooerties pvl Ltd . Represented by rts authonzed sionatorv I\/ ush u nu ri Bharani S/o Late ursn ufi ,iiiona t; hr;, As;;;;; d6r;;:;,", occ_ Business, R/o apartment No r6oi B;; ;;,.;l in"-at#kJ.iJriofi!"r; E n c Ia ve. G a c h i b ow I i. H ya e ra U a o _ S O O-O-S-Z E r . "-ntl,.,r'" S t, t " a * f t ,$ , * * a * '14. Damalcheruvu Sudha, Wo Late Damalcheruvu Narenclranath Reddy, Age;6I years, Occ. Housewife, R/o Flat No. Bay Laurel 901, The Botanika. Gachibowli, Hyderabad 500032, Telangana State.

15. Sai Maruthr Kumar, S/o Annaswami Krishnaswami, Age. 64 years, ,Occ. Retired R/o Flat No. Empress 2003, The Botanika, Jayabheri Enclave, Gachibowli, Hyderabad 500032, Telangana 16 Dr. Anuj a Konjety, Wo Sri Konjety Surya Pihkasa Rao, Age.63 years, Occ Doctor R/o FIat No. 801 Bay Laurel, The Botanika, lVliyapur Road. Gachibowli, Hyderabad

17. Dr. Prashant Garg, S/o Om Prakash Garg, Age. 60 years, Occ. Doctor '18. Parul Garg Wo Prashant Garg, Age- 57 years, Occ, Doctor, Both R/o Flat No. 501 Empress, The Botanika, Gachibowli, Hyderabad, Telancgana- 500032 '19. Sivaramakrishnan Chittor, S/o C.S. Lakshminarayanan Age. 54 years, Occ. Service,

20. Subhasri Raman, Wo Sivaramakrishnan Chiftor, Age. 50 years, Occ. Housewife, Both Rio Flat No. 1001 Empress, The Botanika Gachibowli, Miyapur Road, Gachibowli, Hyderabad. 21 .Uma Narayan Reddy, Wo Late Sri A.V. Narayan Reddy, Age. 81 years, Occ Housewife, R/o Flat No. Empress 1 '10-l , Jayabheri [:nclave, Gachibowli, Hyderabad 500032, Telangana State

22.Dr. Ashwini Reddy, D/o Late Sri A.V. Narayan Reddy, Age 49 years, Occ. Physician, R/o 5806, Mariners Watch drive, Tampa, Florida-33615, U.S.A., 23.Suresh Kumar Kapur, S/o Sri Ram Lal Kapur, Age.78 years, Occ. Retired, R/o Flat No 902 Caladia, The Botanika, Gachibowli, tlyderabad-500032, Telangana State

24. Srinivasan Ancha, S/o (Late) Sri Raghavaiah Ancha, Age 62 years, Occ Employee

25. Mrs. Uma Devi Ancha, Wo Mr. Srinivasan Ancha, Age 55^ Years Hyderabad-500032. Telangana State, ^Occ- Housewife, both R/o HIG 230, Phase-'l ' BHEL, Madhav Nagar uolony' Kama Chandra Puram, HYderabad 502032 26. Ch. S. Gopal, S/o C Jagannadha Rao, Age 58 years, Occupation Employee Occupation, Home 27. Gollaoudi Anuradha. Wo Ch. S. Gopal, Age, '' #i.!|"ij"in'iir irit'r.iJ E.pi".i7'ol, r6e Botanika Jayabheri Enclave, 2l.HariThalapalli, S/o Late P.A. Nair, Age 60 years' Occ CEO of a Company , n i :.",.J6 I ",il #".:Si: I Telangana State, ffi 3 ;,??:j- SB fJBl 30.Akash subramaniam. Kollengode S/o Dr. K.V. Balasubramaniam, Age 33 31 Dr, K. V Balasubramaniam, S/o Late Shri K S V' Subramaniam' Aged 67 vears. occ rrttrnug"."ni'db"i,rti"i, 4"9 .Rio Flat No 203 caladia' The b'otr"..il r.-Cr.nibofili, Hyderabad 500032, Telangana ?f, 3' "a$"tfi * 3 3 €31'; 31ft years, Occ. Service, -67years, -?l n

32.Yachna Bhatia, Wo Rahul Bhatia' Age 42 years' Occ lnvestor' 33 Rahul Bhatia, S/o Shanti Swaroop-Bhatia Age 44 years' Occ' Service Both R/o Ftat No 2001 B;y"d;;t,"fne eotaiir.a^- behind Dlatina Complex. Gachibowli. K V.Ranqareddy' Telancgana-5UUUJz

34.Dr.lJdai Prakash, S/o Dr. Ved Prakash, Age. 58 years, Occ. Doctor ''l 35. Ritu Prakash Shukla, Wo Dr. Udai Prakash, Age. 56 years, Occ Housewiie, Both R/o Flat No. 2201 , Empress Tower, The Botanika, Gachibowli, Hyderabad-500032, Telangana State, ...

36. Narendra Dodla, S/o Sri Dodla Rami Reddy, Age. 53 years, Occ. Business, R/o Flat No. E-402, Caladia, Th Botanika. Apartments,Jayabheri Enclave, Gachibowli, Hyderabad 500032, Telangana State

37. Peri Venkat Ravi, S/o (Late) PLN Murty, Aged. 62 years, Occupation. Retired employee, R/o. Botanika Apartments, Caladia '1501, Gachibowli, Hyderabad 500032,

38. Syed Akbaruddin, Sio Sri Syed Bashiruddin, Age. 64 years, Occ. Retired lndian Diplomat

39. Padma Akbaruddin, Wo Sri Syed Akbaruddin, Age. 64 years, Occ. Homemaker, Both R/o Flat No. 201 Empress, The Botanika, Gachibowli, A/iyapur Road, Gachibowli, Hyderabad-s00032, Telangana

40. Nitin Jain, S/o B.R. Jain, Age. 46 years, Occ. Captain 41 . Lalita Jain, W/o Sri Nitin Jain, Age. 47 yearc, Occ. Housewife, Both R/o Flat No. 502 Empress, The Botanika, Jayabheri Enclave, Gachibowli, Besides Platina Mall, Hyderabad-500032, Telangana Petitioners '1 to 36 and 38 to 41 are presented by SPA Holder Sri Peri Venkat Ravi AND 1 2 ...PETITIONERS State of Telangana, Represented by its Principal Secretary, Housing Department, Secretariat, Hyderabad Telangana Housing Board(Formerly, Andhra Pradesh Housing Board), Represented by its Vice Chairman, Gruhakalpa, Nampally, Hyderabad 500 001

3. Universal Realtors Private Limited, Represented by its Director Having its registered office at Plot No.25, l st Floor, Sri Ganesh Magnum Opus Jayabheri Enclave, Opp SBI Corporate Salary Branch, Gachibowli, Hyderabad-500032 ...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 pleased to issue a Writ, Order or Direction in the nature of MANDAMUS or otherwise, declaring the inaction and inordinate delay on the part of the Respondents in executing and registering Sale Deeds in respect of the Apartment Nos. Caladia 1602, Empress 2103, Empress 1802, Bay Laurel 1203, Bay Laurel 2O02, Bay Laurel 1602, Caladia G00'1 and G003,Caladia 1102, Bay Laurel G004, Bay Laurel 90.1 , Empress 2003, Bay Laurel 801, Empress 501, Empress 503, Empress 1001 , Empress 1 101, Caladia 902, Bay Laurel '1603, Empress 701 , Bay Laurel 1903, Caladia 203, Bay Laurel 2001, Empress 2201 . Caladia 4O2, Caladia '1 501, Empress 20'1 , and Empress 502, in their possession, along with & * $ * * a l& *, a proportionate undivided share of land, situated in the Layout nr*.0 fif I BOTANIKA n Towers named Bay Laurel, Caladia, and Empress constructed on land admeasu ring 7.27 Acres in Sy. Nos. 107 and 1OB (P) of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District,.. Telangana, in favour of the Petitioners being rightful purchasers/owners in possession of the respective flats despite receiving the entire sale consideration as bad, illegal, arbitrary, violation of Fundamental Rights and Article '14 and 300-4 of the Constitution of lndia and consequently direct the Respondents to forthwith execute and register sale deeds in favour of the Petitioners lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated tn the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 and 3 to execute and register Sale Deeds in favour of the Petitioners in respect of the Apartment Nos. Caladia 1602, Empress 2103, Empress 1802, Bay Laurel 1203, Bay Laurel 2002, Bay Laurel 1602, Caladia G001 & G003,Caladia 1102. Bay Lauret G004, Bay Laurel 90'l , Empress 2003, Bay Laurel 801, Ernpress 501, Empress 503, Empress 100'1 , Empress 1'1 01, Caladia 902, Bay Laurel 1603, Empress 701 ,Bay Laurel 1903, Caladia 203. Bay Laurel 2001, Empress 2201 , Caladia 402, Caladia 150'1 , Empress 201, and Empress 502, in their possession, along with proportionate undivided share of land, situated in the Layout named "THE BOTANIKA" in Towers named Bay Laurel, Caladia, and Empress, constructed on land admeasuring 7.27 Acres in Sy. Nos. 107 and 108 (P) of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana. Counsel for the Petitioner :SRl T.S.PRAVEEN KUMAR, rep., SRI MANJARI S GANU counser for the Respondent No. r &2 , :B,,a3x?,.:r#fltxl?ool ,ror. Counsel forthe Respondent No.3 : SRI D.PAVAN KUMAR The Court made the following: ORDER 3 f, t * a T t } - THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.37058 OF 2024 ORDER:(ORAL) -I'he writ petition is filed by the petitioners seeking the following relief: "...to issue a Writ, Order or Direction in the nature ofMANDAMUS or otherwise, declaring the inaction and inordinate delay on the part of the Respondents in executing and registering Sale Deeds in respect of the Apartment Nos. Caladia 1602, Empress 2103, Empress 1802, Bay Laurel 1203, Bay Laurel 2002, Bay Laurel 1602, Caladia G001 & G003, Caladia 1102, Bay Laurel G004, Bay l-aurel 901. Empress 2003, Bay Laurel 801, Empress 501, Empress 503. Empress 1001, Empress 1101, Caladia 902, Bay Laurcl 1603, Empress 701, Bay Laurel 1903, Caladia 203, Bay' I-aurel 2001, Empress 2201, Caladia 402, Caladia t501, [lmpress 201, and Empress 502, in their possession. along with proportionate undivided share of land, situated in the Layout named *THE, BOTANII(A" in Towers named Bay Laurel, Caladia, and Empress constructed on land admeasuring 7 .27 Acres in Sy. Nos. 107 & 108 (P) of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana, in favour of the Petitioners being rightful purchasers/owners in possession of the respective flats despite receiving the entire sale consideration as bad. 2 illegal. arbitrary, violation of Fundamental Righs and Article 14 and 300-A of the Constitution of India and consequently direct the Respondents to forthwith execute and register sale dceds in lavour of the Petitioners and be pleased to pass. . ."

2. l-leard Mr. T.S. Praveen Kumar, learned counsel, representing Mr. Manjari S Ganu, leamed counsel for the petitioners, and M-r. A. Sudershan Reddy, leamed Advocate General for State, appearing lor respondent Nos.l and 2, Mr. D. Pavan Kumar, Iearned counsel for respondent No.3, and perused the material on record.

3. The background facts of the case in brief are as under: The Telangana Housing Board (formerly Andhra Pradesh Housing Board) respondent No.2 owned Acs.l9-95 cents in Survey Nos.l32(P), 100(P), 108(P), lO7, 10412 and 13613 of Gachibowli Viltage, Serilingampally Mandal, Ranga Reddy District, (schedule property). In the year 2004, respondent No.2 intended to develop the schedule property" and pursuant thereto issued Request for Proposal (RFP) to M/s. Ambience Properties Limited to design, finance, build, mainurin. operate and market the project lor Modem Township in the schedule propeffy. M/s. Ambience Properties .7 3 Limited submitted bids containing evaluation of technical capability, techno-business proposal, commercial offer and altemate finance proposal. On being satisfied with the technical qualifications of the consortium, respondent No.2 accepted the bids of lWs. Ambience Properties Limited over three other bidders and issued a letter of Award in favour of IWs. Ambience Properties Limited on

15.12.2004.

4. It is stated that the M/s. Ambience Properties Limited along with five (5) others consortium members incorporated Universal Realtors Private Limited - respondent No.3 as a Special Purpose Vehicle (SPV) in terms of the RFP document issued by respondent l No.2. Respondent No.3 entered into registered Development Agreement-cum-General Power of Attomey (DAGPA) bearing document No.l2l3 of 2006 dated 30.04.2005 with respondent No.2 for the purpose of developing the schedule property on revenue sharing basis. ln the DAGPA, respondent No.2 authorized respondent No.3 to act as its Power of Attorney and agent, and perform the activities for the project including the development, '1 4 financing, marketing, agreement of sale and represent respondent No.2 for all approvals and clearances from appropriate authorities. 5 It is stated that the land allotted to respondent No.3 by respondent No.2 is not a continuous land parcel. Respondent No.3 divided the land into five (5) different parcels i.e., bit (I) to bit (V). The subject matter of this writ petition falls under bit (V) of the project whereunder the residential flats have been constructed by respondent No.3 in five (5) towers called "The Botanika". The petitioners are individual flat buyers. They entered into individual Agreement of Sale with respondent No.3 which was authorized to do so under DAGPA dated 30.04.2005. The petitioners have paid almost entire sale consideration to respondent No.3 for their flats including the parking space. They have also paid several amounts towards cost of amenities and maintenance charges' However, respondent No.3 did not register sale deeds in favour of the petitioners. The petitioners have occupied their respective flats' and the flats were assessed with property tax which was dull' paid by the petitioners. - 5

6. It is also stated that after construction o[ flats by respondent No.3 in five (5) towers under the project 'The Botanika', the Greater Hyderabad Municipal Corporation has issued Occupancy Certificate in the year 201 7. In the meantime, disputes arose between respondent Nos.2 and 3 and Public Caution Notice was issued by respondent No.2 on 29.11.2024 stating that DAGPA executed in favour of respondent No.3 is suspended/revoked/expired and any transaction made without intimation to respondent no.2 shall not be valid. As there is delay on the part of respondent Nos.2 and 3 in executing the sale deeds, instant writ petition is filed to direct respondent Nos.2 and 3 to execute sale deeds in favour of the petitioners for their respective flats purchased in 'The Botanika'.

7. Mr. A. Sudershan Reddy, leamed Advocate General for State, appearing for respondent Nos. I and 2, submitted that the dispute between respondent Nos.2 and 3 has been settled out of Court ensuring that sale deeds are executed in favour ofthe petitioners who have paid entire sale consideration amount for the respective flats. A Memo vrde USR No.106920 of 2025 d,ated,25.09.2025 has been filed respondent No.2. It is stated in the Memo that respondent "l \ 6 Nos.2 and 3 have entered into Second Supplementary Development Agreement for Bit (V) (Residential Project - The Botanika) bearing document No.12856 of 2025 dated 02.09.2025 for resuming the registration of units in favour of unit purchasers subject to the payment of Rs.85,00,00,000/- (Rupees eighty five crores only) revenue share due to respondent No.2 from respondent No.3, out of the balance receivables trom the customers/further sales, to be deposited in the Escrow Account opened for this purpose. The same is taken on record and the terms of the Merrro are here as under: a) "Universal Realtors Pr,t Ltd., have created Mortgage of 85211 sft in favour of TGHB for securing the payment of RevenueShare of Rs.85 Crores. b) Upon Receipt ofRs 20 Crores, from outstanding dues of customers (of about Rs.50 Crores), THB shall start Registration of Sale Deeds in favour of Customcrs. c) On receipt of further Revenues ol Rs. 15 Crores (Rs.20 Cr. + l5Cr: Rs.35 Crores), THB to restore Power of Attomey lorfurther sales. d) For the balance Revenue Share payment ol Rs.50 Crores, upon part payment of every Rs.l0 Crores (approx.) out of the receivables/fresh sales which will be deposited in the said Escrow Account, THB shall 1 release mortgage of 10,000 Sft (approx. and execute Registered Sale Deeds along with Developer Company in lavour of the new customers. e) On receipt of entire Revenue Share towards Bit-V of Rs.85Crores, Escrow Bank Account shall be closed and THB shall execute Release Deed for the balance are4' after retaining Mortgage of 22,000 Sft, subject to final decision of the Govemment of Telangana, on the request for interest waiver. In-line with the above terms and conditions included in the Supplementary Development Agreement, Telangana Housing Board & Universal Realtors Private Ltd., have also opened an Escrow Account No.187902000000544, with Indian Overseas Bank, Gachibowli Branch, for the customers to deposit their outstandingamounts." i I i II

8. In view of the submissions of the leamed Advocate General for State, appearing for respondent Nos.l and 2 and Memo dated

25.09.2025, the writ petition is disposed of, in terms of Memo and the Second Supplementary Development Agreement dated

02.09.2025. Further, respondent Nos.2 and 3 are directed to execute I I registered sale deeds in favour of the petitioners in respect of the Flats i.e., Caladia 1602, Empress 2103, Emprsss 1802, Bay Laurel 1203, Bay Laurel ZOO2, Bay Laurel 1602, Caladia G0O1 8 & G003, Caladia ll02,Bay Laurel G004, Bay Laurel 901, F.mpress 2003, Bay Laurel 801, Empress 501, Empress 503, Iimpress 1001, Empress I101. Caladia 902, Bay Laurel 1603, Empress 701, Bay I-aurel 1903, Caladia 203,Bay Laurel 2001, Empress 220l,Caladia 402, Caladia 1501, Empress 201, and Empress 502,in their possession, along with proportionate undivided share of land, situated in the Layout named "The Botanika" in Towers named Bay Laurel, Caladia, and Empress constructed on land admeasuring Acs.7-27 guntas in Survey Nos.107 & 108 (P) of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana,within a period of one (1) month from the date of receipt ofa copy of this order. There shall be no order as to costs. Asa sequel thereto, miscellaneous applications, if any, p!4diqgln the writ petition stand closed' //TRUE COPY// \\L_-- HNA RAR CER To,

1. The Principal Secretary, Housing Department, Secreijat State of I elangana, Hyderabad

2. The Vice Chairman, Telangana Housing Board(Formerly, Andhra pradesh Housing Board), Gruhakatfa, Nampailyl Hyderibad SOti bOr

3. One CC to SRI MANJART S GANU, Advocate. [OPUC] 4. Two ccs to ADVoGATE GENERAL FoR srATE, High court for the state of Telangana. [OUT]

5. One CC to SRI D PAVAN KUMAR, Advocate. tOpUCl 6. Two CD Copies. I i L * *, BSK BS \,N !a I I HIGH COURT i onrED:26/09 t2o2s * * * s * e ORDER WP.No.37058 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ 10V \ I I It-iE $ ,a 1 / 0[T 2025 ;{ J.- ,.) -)\ PAT iiC I I I