HONOURABLE THE ACTING CHIEF JUSTICE
SRI M.S.RAMACHANDRA RAO
AND
HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT APPEAL Nos.462 & 463 OF 2021
COMMON JUDGMENT: (Per Hon'ble The Acting Chief Justice Sri M.S.Ramachandra Rao)
These Writ Appeals are filed challenging the common order dt.
18.03.2021 in W.P.Nos.8875 and 8830 of 2020 passed by the learned
Single judge.
2. Heard Sri A. Sanjeev Kumar, Special Government Pleader
appearing for Sri D. Ranganath Kumar, counsel for the appellants, Sri
K.S.Murthy for the Writ Petitioners and Sri A. Venkatesh for the
Developer - M/s. Ramky Infrastructure Limited.
3. The Writ Petitions had been filed by respondents 1 to 3 herein
seeking Writ of Mandamus to declare the inaction of the Appellants and the inordinate delay caused in executing and registering sale deeds in respect of the respective villas purchased by the Writ Petitioners at Ramky Enclave, near Railway Station, Warangal, despite receiving the entire sale consideration as illegal and arbitrary and for a consequential direction to the Appellants to execute and register sale deeds in favour of the Writ Petitioners in respect of the subject villas.
::2::
4. The learned Single Judge relied on the order passed by him on 10.03.2021 in W.P.No.4218 of 2021, wherein a similar claim was allowed and direction was given to the 1st appellant/Housing Board to register sale deed in favour of the petitioner therein. He observed that the instant Writ Petitions also stand on the same footing. He, therefore, allowed W.P.Nos.8875 and 8830 of 2021 with costs of Rs.10,000/- payable by the 1st Appellant/Housing Board to the Writ petitioners and directed the 1st Appellant to register the subject villas in favour of the Writ Petitioners.
5. Admittedly, the order passed by the learned Single Judge in W.P.No.4218 of 2021 was challenged by the appellants in W.A.No.268 of 2021 and the order of the learned Single Judge was confirmed and the said appeal was also dismissed with costs of Rs.10,000/-. The Division Bench in the said order noted that the purchasers of the apartments/villas had entered into agreements with the Developer i.e., M/s. Ramky Infrastructure Limited and had paid almost the entire sale consideration except the last installment and in spite of the same, they were being harassed on account of the disputes between the developer and the Appellants. The Division Bench observed that no unilateral decision can be taken by the Appellants which creates an impediment for a bona fide allottee, who had paid the entire sale consideration of the flat, as demanded in terms of the ::3::
contract executed by the allottee with the developer as well as the Board, and the purchasers cannot be relegated to a civil court against the Appellants or made to await the outcome of the arbitration proceedings pending between the developer and the Appellants.
6. In the instant cases also, the Writ Petitioners in their affidavits filed in the Writ Petitions have specifically stated that they paid the entire sale consideration and even have taken possession of the villas, but sale deeds have not been executed.
7. The fact that the Writ Petitioners have paid the full sale consideration is admitted by the learned Special Government Pleader appearing for the Appellants.
8. If this is so, in view of the decision dt. 06.08.2021 in W.A.No.268 of 2021, it is not open to the Appellants to create any impediment to the Writ Petitioners (who have paid the entire sale consideration for the villas) and decline to execute registered sale deeds in their favour.
9. Therefore, these Writ Appeals are dismissed with costs of Rs.10,000/- (Rupees Ten thousand only) to be paid by the Appellants to the Writ Petitioners within four weeks and the order of the learned Single Judge is confirmed in toto.
::4::
10. Pending miscellaneous petitions, if any, in these Writ Appeals shall also stand dismissed. No costs.
______________________________ M.S.RAMACHANDRA RAO, ACJ ____________________ T.VINOD KUMAR, J Date: 20.09.2021.
ES