BOINPALLY SRINIVAS RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a direction from this Court to declare the to issue an appropriate writ order or direction more particularly one in the nature of Writ of Prohibition (A) prohibiting the respondent No.2 from proceeding further with Complaint No.187 of 2024 by declaring that the respondent No.2 has no jurisdiction to entertain, hear or decide Complaint No.187 of 2024 pending before it filed under Sec. 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) by the respondent No.4 against the petitioners as being patently illegal, in contravention of Rule 2(J) of the Telangana State Real Estate (Regulation and Development) Rules, 2017 ('RERA Rules') and (B)consequently dismiss the Complaint No.187 of 2024 pending before the respondent No.2 as not maintainable and (C) pass such other order or orders.

(2.) The petitioners are absolute owners of the land admeasuring Ac.24.11 guntas in Survey Nos.159/Part and 162/Part, Gopanpally Village, Serilingampally Mandal, Ranga Reddy District, Telangana (schedule property). The petitioners applied for building permission from the Greater Hyderabad Municipal Corporation (GHMC) and the same was granted vide Permit No.2581/HO/WZ/Cir-11/2010 dtd. 8/6/2011 for development of gated community with 105 independent houses along with 6 units for LIG and 6 units for EWS. The building permission was originally valid for a period of 3 years till 7/6/2014, which was later extended for a period of six years as per Rule 19(d) of G.O.Ms.No.168 dtd. 7/4/2012 and amended Rule 19(d) vide G.O.Ms.No.7 dtd. 5/1/2016.

(3.) It is submitted that pursuant to the building permit, the petitioners developed the schedule property land into a layout with plotted area and several plots were sold under registered sale deeds. There is no dispute with respect to sale of plots by the petitioners. Some of the plot owners entered into independent construction contracts with the petitioner No.1 for construction or completion of under-construction villas. The said independent contracts were entered with individuals by the petitioner No.1 alone and therefore, cannot be brought within the purview of Telangana State Real Estate Regulatory Authority (TSRERA).