I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No.10753 OF 2023 Between:

M/s. K.Krishna Reddy Contractors … Petitioner And The State of Telangana & Others.

… Respondents JUDGMENT PRONOUNCED ON: 01.05.2025 THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgment?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals?

3. Whether Their Lordships wish to : Yes.

see the fair copy of the Judgment?

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MRS. JUSTI CE SUREPALLI NANDA I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No.10753 OF 2023 % 01.05.2025 Between:

# M/s. K.Krishna Reddy Contractors … Petitioner And $ The State of Telangana & Others.

… Respondents Gist:

> Head Note:

! Counsel for the Petitioners : Sri D.R.Varma, learned counsel representing Sri C.S.N.Raju, learned counsel appearing on behalf of the petitioner on record.

^ Counsel for Respondents No.1 : Assistant Government Pleader for Finance & Planning ^ Counsel for Respondent Nos 2 to 5 : Sri R. Rajendra Prasad, learned standing counsel.

? Cases Referred:

HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.10753 OF 2023

ORDER:

Heard Sri D.R.Varma, learned counsel representing Sri C.S.N.Raju, learned counsel appearing on behalf of the petitioner on record, learned Assistant Government Pleader for Finance & Planning appearing on behalf of the respondent No.1 and Sri R. Rajendra Prasad, learned standing counsel appearing on behalf of the respondent Nos. 2 to 5.

2. The petitioner approached the Court seeking prayer as under:

“To issue a writ order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2^nd Respondent by not releasing the original documents deposited vide registered Memorandum of Deposit of Title Deed bearing Doc.Nos.6278 of 2012, dt.14-09-2012 and 5633 of 2013, dated 12-07-2013 in-spite of paying the entire loan availed by the petitioner firm vide loan account number 74-908201 pursuant to the Notices dt. 06.11.2020, 02-09-2021, 06-04-2022 and 15-09-2022 as illegal, arbitrary and in violation of article 300-A of constitution and directing the 2^nd respondent to execute re- conveyance deed in respect of the above Memorandum of Deposit Title Deed bearing Doc.Nos. 6278 of 2012, dt. 14- 09-2012 and 5633 of 2013, dt. 12-07-2013 in favour of the petitioner in the office of SRO, Rajendranagar and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case...”

3. The case of the petitioner, in brief, as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition, is as under:

It is the specific case of the petitioner that a term loan had been sanctioned vide sanction No. 006064 and Lmo.AFC/PROJ- 1/T-1/749082/2012-13, dated 06-07-2012 to a tune of 800 lakhs for construction of 4-screen multiplex and shopping mall at Sy.No. 495/E/EE, 436/E/EE 505/E/EE, 506/E/EE and 515/E/EE Attapur inner ring road, Rajendranagar Mandal, RR District under general loan scheme on development basis with 50% share in the project subject to some terms and conditions to repay the same in 33 quarterly instalments,payable on every 1^st March, 1^st June, 1^st September and 1^st December with annual rate of interest at 17% per annum.

It is the further the case of the petitioner that because of the financial crisis in the year 2016, the petitioner vide letter dated 20.05.2016, requested the corporation for wavier of outstanding monthly interest payable with a proposal to prepay the loan amount by raising funds from the sale of property in the mall as per the clause No.19 of sanction terms and requested to give NOC for the proposed sale of properties i.e., shop No 110, 302, 402 to third parties. The petitioner vide letter dated 08-06-2016 addressed to the Branch Manager APSFC, RR District East Branch, Chirag-Ali-Lane, Hyderabad intimated the payment of Rs.5 cr