The court affirmed that disputes of a commercial nature are not within the writ jurisdiction under Article 226, emphasizing the responsibility of fulfilling contractual obligations.

ORDER :

NAGESH BHEEMAPAKA, J.

Challenging the action of the 2nd respondent -Telangana Rajiv Swagruha Corporation Limited (Corporation) in issuing broacher dated 10.09.2025 proposing to sell the semi- finished flat Nos. 205, 209, 210, 211 and 412 of unfinished tower A02 at Pocharam, Ghatkesar Mandal, Medchal-Malkajgiri District in Sadbhavana Township which were allotted to petitioner by the 7^th respondent, petitioner is before this Court. Consequential direction is sought to the 2^nd respondent to issue ‘No Objection Certificate’ to petitioner in respect of the above flats and to register the said flats after receipt of sale consideration from petitioner.

2. The case of petitioner is that the State Government authorised the 2^nd Respondent-Corporation to construct and sell the house flats at Pocharam, Ghatkesar Mandal with the approval of HMDA. In furtherance of the notification issued by the 2nd respondent, the 7th respondent participated in the tender and they became the successful bidder and accordingly, was allotted flats in Tower A02, 120 unfinished flats who, in turn, to complete the finishing of all the 120 flats and to sell them to the prospective buyers.

2.1. In terms of the allotment, the 7^th respondent took up the requisite works for completing the unfinished 120 flats by investing huge amounts. Petitioner firm, it is stated, purchased the subject flats and remitted the amount to respondent Corporation. When petitioner approached the bankers for availing loans, they insisted for securing ‘NOC’ from the 2^nd respondent, but the 2^nd respondent did not issue the same and dragging the matter. The 7th respondent also could not secure the ‘NOC’ from the 2^nd respondent.

2.2. While so, it is stated, petitioner came to know through the broacher distributed by the 2^nd respondent dated 10.09.2025 the proposal to conduct lottery on 25.09.2025 at 11.30 a.m. at Telangana Housing Corporation Building Meeting Hall, Himayathnagar and a pre-bid meeting was on 17.09.2025, but the said meeting was postponed. However, Respondents 2 to 4 are again making efforts for conducting sale proceedings including petitioner flats.

2.3. It is stated further, in similar circumstances, this Court granted interim order dated 18.09.2025 in Writ Petition No. 28502 OF2025 suspending the subject broacher in respect of petitioners therein and the present case is squarely covered by the facts of the above said Writ Petition.

2.4. The case of petitioner is that the 7^th respondent was allotted A02 Tower at Pocharam vide proceedings Lr.No. 04/TRSCLLEM/Unfinished Towers/2023 dated 07.06.2023. They paid EMD and also paid part of balance amount, but did not complete the work of construction within the permitted time of four months Hence, they made Application dated 04.10.2024 for extension of time which was extended up to 05.01.2025 by Corporation's letter dated 17.10.2024.

2.5. In terms of the said allotment, the 7^th Respondent advertised that 120 flats are available for sale in A02 Tower. Petitioner purchased the subject Flats and remitted the amount to respondent-Corporation. Since the 7th respondent failed to pay the amounts within time, the Corporation passed the order of cancellation in Lr. No. 04/TGRSCLEM/A02 Unfinished Towers/PCHRM/2023, dated 21.01.2025 cancelling the allotment and forfeiting the token advance and first instalment amount of Rs. 3,05,10,000/-. The 7^th respondent approached the Corporation and submitted letter dated 24.03.2025 for issuance of ‘NOC’ for completing the work, however, ‘NOC’ was not given. The Corporation also issued a communication to the 2^nd respondent calling upon to pay Rs. 29.51 Crores. The 7^th respondent submitted a list