Telangana High Court

M/S Sri Sai Ram Projects Limited vs Sri Boyenepally Sri Jayavardhan on 25 April, 2023

Bench: Ujjal Bhuyan, N.Tukaramji

    THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                 AND

           THE HON'BLE SRI JUSTICE N. TUKARAMJI


      WRIT APPEAL Nos.475 of 2023 and 476 of 2023


COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      This order will dispose of both Writ Appeal Nos.475 of

2023 and 476 of 2023.


      2.     While    W.A.No.475       of     2023    arises   out   of

W.P.No.13898 of 2022, W.A.No.476 of 2023 arises out of

W.P.No.2694 of 2021.


      3.     Both the writ petitions were filed by respondent

No.1 Sri Boyenepally Sri Jayavardhan. In both the writ

petitions, appellants were arrayed as respondents.

4. We have heard Mr. S.Ravi, learned Senior Counsel

for the appellants and Mr. S.Rahul Reddy, learned counsel for

respondent No.1/writ petitioner. Also heard Mr. Harender

Pershad, learned Special Government Pleader attached to the

office of learned Advocate General representing the State

(respondent Nos.2 and 3).

                                         2                        HCJ & NTRJ
                                                    W.A.Nos.475 & 476 of 2023

5. Writ Petition No.2694 of 2021 was filed seeking

the following relief:

"....to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the impugned order vide G.O.Rt.No.2142, dated 19/08/2019 issued by Respondent No.2 and further proceedings of Respondent No.4 delegating quasi-judicial function of hearing the complaints received by the Authority to Respondent No.5 i.e. Secretary of Respondent No.3 Authority vide undated Spl.Order.No. 01/2021/TSRERA, dated /01/2021 as ultra-vires of the provisions of the Real Estate (Regulation and Development) Act, 2016, illegal, without jurisdiction and consequently set- aside the same and consequently prohibit Respondent No.4 and 5 from hearing and deciding the complaints filed before Respondent No.3 under Section 31 of the Real Estate (Regulation and Development) Act, 2016 and pass..."

6. On the other hand, Writ Petition No.13898 of 2022

was filed seeking the following relief:

"...to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring RERA Certificates Registration No. P02500001821, P02500001819, dated 20/03/2020 in the name of Vasavi S Lake City East and Vasavi S Lake City West, issued by unauthorized persons under the guise of the Act, in favour of respondent No.6 obtained by playing fraud and misrepresenting the details of land, land owners and allottees under an ongoing project, 3 HCJ & NTRJ W.A.Nos.475 & 476 of 2023

thereby denying the petitioner of his valuable rights over his property to an extent of 8000 Sq.Yards/3,57,200 Sq. Ft., of super built up area in Sy.No.105 to 109 and 111 to 114 in Hafeezpet Village, Serlingampally Mandal, RR District, now forming part of the project land under impugned RERA Certificate, dated 20/03/2020 as illegal, without jurisdiction, violative of Article 14 and 300-A of the Constitution of India and violation of principles of natural justice and revoke the same and further restrain respondent No.6 from proceeding with any construction in the real estate project and pass..."

7. Before we advert to the two orders impugned by

the writ petitioner i.e., order dated 19.08.2019 and order

dated 20.03.2020, we may mention that respondent No.1/writ

petitioner had conferred development rights upon the

appellants for development of his land along with other

extents of lands. In this connection, development agreements

were entered into between the parties. With the grievance

that appellants as the developers have denied respondent

No.1's rights over the property to an extent of 8000 square

yards/3,57,200 square feet of super built up area, he had

lodged a complaint before the Real Estate Development

Authority of Telangana dated 05.08.2020.

                              4                     HCJ & NTRJ
                                      W.A.Nos.475 & 476 of 2023

8. By the order dated 19.08.2019 issued by the Chief

Secretary to the Government of Telangana, transfer and

posting of two officers were carried out. Insofar Sri Somesh

Kumar, IAS, Special Chief Secretary to the Government,

Revenue (CT and Excise) Department is concerned, he was

posted as Special Chief Secretary to the Government, Revenue

(CT, Excise, Revenue and RS) Department. Additionally, he

was allotted to act as Chairman of Real Estate Regulatory

Authority (briefly referred to hereinafter as 'RERA') amongst

others. Order dated 20.03.2020 is a proceeding carried out

by the Chairman of Telangana State Real Estate Regulatory

Authority Sri Somesh Kumar. By the said order, the

Chairman had authorized the Secretary to conduct hearing on

the complaints received by RERA by following the provisions

of the Real Estate (Regulation and Development) Act, 2016

read with Real Estate (Regulation and Development) Rules,

2017.

9. Prima facie such appointment of Chairman of

RERA appears to be contrary to the Real Estate (Regulation

and Development) Act, 2016. As a matter of fact, steps are 5 HCJ & NTRJ W.A.Nos.475 & 476 of 2023

now being taken for constitution of RERA as well as the

appellate Tribunal under the Real Estate (Regulation and

Development) Act, 2016. Supreme Court in Transfer Petition

(Civil) Nos.1623-1624/2022 filed by respondent No.1 seeking

transfer of his complaint from Telangana to Maharashtra

RERA, Supreme Court has passed an order on 10.04.2023

granting one last opportunity to the State of Telangana to

complete the process for constitution of RERA and appellate

Tribunal on or before 05.05.2023 and to submit compliance

report on 08.05.2023.

10. It is in the above backdrop, we may now examine

the common order passed by the learned Single Judge dated

27.03.2023 disposing of both the writ petitions. Learned

Single Judge disposed of the two writ petitions by directing as

follows:

"After careful consideration of the matter and without expressing any opinion on the merits of the matter with regard to the development agreement or the terms and conditions mentioned therein and the entitlement of the petitioner to his share as claimed in the development agreement and also the rights and liabilities of respondent Nos.7 and 8, this Court 6 HCJ & NTRJ W.A.Nos.475 & 476 of 2023

deems it appropriate to dispose of the writ petitions directing the RERA authority to consider the pending applications within two(2) months in accordance with the provisions of the RERA Act and the rules made thereunder and till the disposal of the applications submitted by the petitioner, there shall not be any further transactions over the subject property in any manner.