The High Court declined to entertain writ petitions involving disputed questions of fact, directing the petitioner to seek resolution in a competent Civil Court.

ORDER :

K. LAKSHMAN, J.

Heard Mr. M.S. Prasad, learned Senior Counsel representing Ms. A. Satyasiri, learned counsel for the petitioner, learned Assistant Government Pleader for MA & UD appearing on behalf of respondent No.1 and Mr. V. Narasimha Goud, learned Standing Counsel for HMDA appearing on behalf of respondent No.2.

2. W.P. No.36646 of 2024 is filed by Mr. S. Muralidhar, Managing Director of M/s. Sandhya Hotels Private Limited, seeking,

“….to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, to declare the action of the 2nd Respondent in selling an extent of 1210 Sq. Yds as a Stray Bit in Lot No.10, situated in Sy.No.124 & 125 (described as Sy.No.26) Kancha Gachibowli, Ranga Reddy District, in favour of the 3rd Respondent vide confirmation-cum- allotment letter dated 01-05-2023, including the road of 30 feet situated on the Northern side of Plot No.4 and Southern side of Plot No.7 belonging to the Petitioner, as arbitrary and illegal and to set aside the same and to direct the 2nd Respondent to leave the road of 30 feet situated on the Northern side of Plot No.4 and Southern side of Plot No.7 of the Petitioner, while disposing of the stray bit at any point of time in future….”

3. Whereas, W.P. No.36415 of 2024 is filed by M/s. Sandhya Hotels Private Limited, represented by its Managing Director, Mr. S.Muralidhar - the petitioner in the former writ petition, seeking,

“…to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, to declare the action of the 2nd Respondent in selling an extent of 1210 sq. Yds as a Stray Bit in Lot No.10, situated in Sy.No.124 & 125 (described as Sy.No.26) Kancha Gachibowli, Ranga Reddy District, in favour of the 3rd Respondent vide confirmation-cum- allotment letter dated 01-05-2023, including the road of 30 feet situated on the Southern side of Plot No.8, belonging to the Petitioner, as arbitrary and illegal and to set aside the same and to direct the 2nd Respondent to leave the road of 30 feet situated on the Southern Side of the Plot No.8, of the Petitioner, while disposing of the stray bit at any point of time in future….”

4. Lis involved in both the writ petitions and the parties thereto are one and the same and, therefore, both the writ petitions were heard together and are being disposed of by way of this common order.

5. CONTENTIONS OF THE PETITIONER

i) The petitioner in W.P. No.36646 of 2024 is the absolute owner of Plot Nos.4 and 7, admeasuring 573.14 and 522 square yards, respectively, in Survey Nos.124 and 125, forming part of Layout of the Fertilizer Corporation of India Employees Co-Op. Housing Society Limited (‘FCIECOHSL Layout’), situated at Gachibowli Village, Serilingampally Mandal, Rangareddy District, under registered sale deeds bearing document Nos.15138 and 15703 of 2024, both dated 17.08.2024, respectively.

ii) Whereas, the petitioner in W.P. No.36415 of 2024 is the absolute owner of semi-finished residential building consists of Stilt + Four Floors with a total built up area of 12,705 square feet, constructed on Plot No.8, admeasuring 498 square yards, situated at the very same Layout, under a registered sale deed bearing document No.661 of 2024, dated 09.01.2024. It is relevant to note that the Vendor of the petitioner obtained building permit order dated 04.08.2022 and thereafter constructed the aforesaid building.

iii) Even Plot Nos.7 and 8 were got regularized by the GHMC Officials under Layout Regularization Scheme, vide proceedings dated 04.08.2011 and 07.03.2009 respectively, whereas Plot No.4 was regularized by the Special Officer and Competent Authority, ULC, Hyderabad, vide proceedings dated 15.11.2007.

iv) Both Plot Nos.4 and 7 have 30 feet road on northern side of Plot No.4 and Southern side of Plot No.7 as is evident in the aforesaid sale deeds as well as the Layout. On the western side of the subject Plot, after Plot No.7, there is a 120 feet wide road known as DLF Road and the said 30 f