THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No. 3594 OF 2023

O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of

India seeking the following relief:

“…to issue an order, direction, or writ, more particularly, one in the nature of ‘Writ of Mandamus’, directing the respondents 1 to 4 to provide police protection to maintain status quo with regards to possession till final disposal of the four suits O.S.Nos. 898 to 901 of 2001 on the file of the Hon’ble I Additional Senior Civil Judge, Ranga Reddy District, since transferred to the Court of the Hon’ble Principal Senior Civil Judge, Kukatpally, renumbered as O.S. Nos. 588 to 591 of 2022 in respect of the land in Survey No. 1007 of Kukatpally Village and Mandal, Medchal-Malkajgiri District, Telangana, as directed by the Hon’ble Apex Court vide orders dated 01.10.2018 and 19.08.2020 in the interest of justice

and to pass necessary orders.”

2. I have heard Mr. G. Vidya Sagar, learned Senior Counsel, appearing on behalf of Mr. Srinivas Mantha, learned counsel for the petitioner; Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, appearing for respondent Nos. 1 to 4; Mr. D. Gnaneswara Naidu, learned counsel for respondent No. 5; and Mr. P. Sri

Harsha Reddy, learned counsel for respondent No. 6.

I have also heard Mr. M. Damodar Reddy, learned counsel for

respondent No. 7 (subject to orders in I.A. No. 4 of 2023, filed for impleadment of M/s. Bhagyanagar Plot Owners Welfare Association);

Mr. Bommineni Vivekananda, learned counsel representing Mr. L. Preetham Reddy, learned counsel for respondent Nos. 7 to 21 (subject to orders in I.A. No. 3 of 2024); and Mr. Md. Sameer Ahmed, learned counsel representing Mr. Mohd. Moin Ahmed Quadri, learned counsel for respondent Nos. 22 and 23 (subject to orders in I.A. No. 1 of

2025).

3. The petitioner claims ownership of Ac.167.00 guntas of land in Survey No.1007, Kukatpally, Medchal-Malkajgiri District, Telangana (hereinafter “the subject land”).

a) Alleging fraudulent execution of four sale deeds in favour of M/s. Bhagyanagar Cooperative Housing Society (respondent No.5), the petitioner instituted O.S. Nos. 898 to 901 of 2001 before the I Additional Senior Civil Judge, Ranga Reddy District. On transfer, these suits were renumbered as O.S. Nos. 588 to 591 of 2022 before the Principal Senior Civil Judge, Kukatpally, where they remain pending.

b) In O.S. No. 3306 of 1984, on the file of the VII Junior Civil Judge, City Civil Court, Hyderabad, a Receiver was appointed and took custody of the subject land. The petitioner’s application for release of the property (I.A. No. 811 of 2004) having been dismissed, filed C.R.P. No. 6697 of 2004 before this Court, which released the property in his favour.

c) Challenges to the said order in SLP (C) Nos. 11595 of 2009 and 18163 of 2010 were dismissed as withdrawn by the Hon’ble Supreme Court on 10.01.2017.

d) The Receiver thereafter filed a final report dated 18.03.2017 confirming restoration of possession to the petitioner. The plaintiff in O.S. No. 3306 of 1984 also filed a Memo dated 17.03.2017 clarifying that Survey No.1007 was not part of the suit schedule.

e) Respondent No.7, Bhagyanagar Plot Owners Welfare Association (BPOWA), filed Contempt Petitions (C) Nos. 1583 and 1584 of 2017 before the Hon’ble Supreme Court, contending that filing of the Receiver’s report amounted to contempt. The petitions were dismissed, thereby confirming the Receiver’s report.

f) In 2020, the petitioner entered into a Joint Development Agreement with M/s. ACE HIBC Private Limited. In Civil Appeal No. 10128 of 2018, the Hon’ble Supreme Court, by orders dated 01.10.2018 and later in Contempt Petition (C) No. 433 of 2020, directed all parties to maintain status quo as to possession, prohibited creation of third-party interests, and directed the trial Court to dispose of the title suits within six months.

g) BPOWA also filed a Review Petition challenging this Court’s order in C.R.P. No. 6697 of