Telangana High Court
The State Of Telangana And Another vs Lakum Surender,Dr. T. Shobha Rani ... on 20 September, 2021
Bench: M.S.Ramachandra Rao, T.Vinod Kumar
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.
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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
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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.
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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
