AVULA RATNA KUMARI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking the following prayer:

(2.) The brief facts of the case are that the petitioner had purchased the residential premise bearing H.No.40-384/1/5 part, admeasuring 398 Sq yds, in plot No.351/A part, in Sy.No.361/1, 316/2, 368/1, Jawahar Nagar Co-operative Society Limited, Moula-ali, Hyderabad, through registered sale deed dtd. 4/8/2018. Thereafter, the petitioner for development of the subject property vide Document No.6243 of 2018 dtd. 8/8/2018, entered into Development Agreement cum General Power of Attorney with M/s.Ajay Vamsi Infratech Private Limited. However, when the construction was not completed in a prescribed period, petitioner thereafter filed Arbitration case No.135 of 2021 and the Hon'ble Court vide order dtd. 28/3/2023, was pleased to appoint Sri.Justice C.Praveen Kumar (Retd) as sole arbitrator to resolve the disputes between the parties. Thereafter, the sole arbitrator in Arbitration Case No.6 of 2023 was pleased to pass award dtd. 1/3/2024, wherein it was held that 'the development agreement-cum- GPA(DAGPA) dtd. 8/8/2018 is cancelled and in view of cancellation of the said DAGPA, all agreements/deeds executed pursuant thereto gets nullified and the claimant was entitled to proceed further in accordance with law'.

(3.) Subsequent to the Award dtd. 1/3/2024, the petitioner on 11/3/2024 made a representation and requested respondent Nos.2 and 3 to notify the development agreement-cum-GPA (DAGPA) dtd. 8/8/2018 as null and void under prohibition. However, when the same was kept pending, the petitioner on 20/4/2024, made another representation and requested respondent Nos.2 and 3, to notify the registered sale deeds bearing Document Nos.3845 of 2020 dtd. 27/8/2020, 4574 of 2019 dtd. 15/6/2019, 8057 of 2018 dtd. 15/10/2018 and 1371 of 2020 dtd. 25/2/2020 as null and void under prohibition. However, the respondent Nos.2 and 3 informed the petitioner that the award dtd. 1/3/2024 is not a Civil Court judgment and insisted the petitioner to provide a copy of judgment from the Civil Court. Aggrieved by the same, petitioner filed the writ petition.