THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.37058 OF 2024 ORDER:(ORAL)

The writ petition is filed by the petitioners seeking the following relief:

“…to issue a Writ, Order or Direction in the nature ofMANDAMUS or otherwise, declaring the inaction and inordinate delay on the part of the Respondents in executing and registering Sale Deeds in respect of the Apartment Nos. Caladia 1602, Empress 2103, Empress 1802, Bay Laurel 1203, Bay Laurel 2002, Bay Laurel 1602, Caladia G001 & G003, Caladia 1102, Bay Laurel G004, Bay Laurel 901, Empress 2003, Bay Laurel 801, Empress 501, Empress 503, Empress 1001, Empress 1101, Caladia 902, Bay Laurel 1603, Empress 701, Bay Laurel 1903, Caladia 203, Bay Laurel 2001, Empress 2201, Caladia 402, Caladia 1501, Empress 201, and Empress 502, in their possession, along with proportionate undivided share of land, situated in the Layout named “THE BOTANIKA” in Towers named Bay Laurel, Caladia, and Empress constructed on land admeasuring 7.27 Acres in Sy. Nos.107 & 108 (P) of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana, in favour of the Petitioners being rightful purchasers/owners in possession of the respective flats despite receiving the entire sale consideration as bad, illegal, arbitrary, violation of Fundamental Rights and Article 14 and 300-A of the Constitution of India and consequently direct the Respondents to forthwith execute and register sale deeds in favour of the Petitioners and be pleased to pass…”

2. Heard Mr. T.S. Praveen Kumar, learned counsel, representing Mr. Manjari S Ganu, learned counsel for the petitioners, and Mr. A. Sudershan Reddy, learned Advocate General for State, appearing for respondent Nos.1 and 2, Mr. D. Pavan Kumar, learned counsel for respondent No.3, and perused the material on record.

3. The background facts of the case in brief are as under: The Telangana Housing Board (formerly Andhra Pradesh Housing Board) - respondent No.2 owned Acs.19-95 cents in Survey Nos.132(P), 100(P), 108(P), 107, 104/2 and 136/3 of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, (schedule property). In the year 2004, respondent No.2 intended to develop the schedule property, and pursuant thereto issued Request for Proposal (RFP) to M/s. Ambience Properties Limited to design, finance, build, maintain, operate and market the project for Modern Township in the schedule property. M/s. Ambience Properties Limited submitted bids containing evaluation of technical capability, techno-business proposal, commercial offer and alternate finance proposal. On being satisfied with the technical qualifications of the consortium, respondent No.2 accepted the bids of M/s. Ambience Properties Limited over three other bidders and issued a letter of Award in favour of M/s. Ambience Properties Limited on

15.12.2004.

4. It is stated that the M/s. Ambience Properties Limited along with five (5) others consortium members incorporated Universal Realtors Private Limited - respondent No.3 as a Special Purpose Vehicle (SPV) in terms of the RFP document issued by respondent No.2. Respondent No.3 entered into registered Development Agreement-cum-General Power of Attorney (DAGPA) bearing document No.1213 of 2006 dated 30.04.2005 with respondent No.2 for the purpose of developing the schedule property on revenue sharing basis. In the DAGPA, respondent No.2 authorized respondent No.3 to act as its Power of Attorney and agent, and perform the activities for the project including the development, financing, marketing, agreement of sale and represent respondent No.2 for all approvals and clearances from appropriate authorities.

5. It is stated that the land allotted to respondent No.3 by respondent No.2 is not a continuous land parcel. Respondent No.3 divided the land into five (5) different parcels i.e., bit (I) to bit (V). The subject matter of this writ petition falls under bit (V) of the project whereunder the residential flats have been constructed by respond