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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Brundavan Projects – Appellant
Versus
State of Telangana Rep. by its Principal Secretary, Urban Housing Department, Hyderabad – Respondent
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 7th respondent, petitioner is before this Court. Consequential direction is sought to the 2nd 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 2nd 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 allo
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.
Writ petitions are not maintainable in commercial disputes unless arbitrariness or illegality is demonstrated; contractual obligations must be fulfilled by the parties involved.
The court held that administrative authorities must act within legal bounds, and their inaction in issuing NOC and executing Sale Deed was arbitrary, necessitating compliance with conditions for reli....
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
The court emphasized the legal principles related to the disposal of public properties, legitimate expectations, and the authority's discretion in allotment decisions.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
Not providing correct, rectified and complete documents to allottee amounts to deficiency in service on part of development authority.
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