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2025 Supreme(Online)(Tel) 58270

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
Venugopal Sarda – Appellant
Versus
The State of Telangana – Respondent
WP 34681/2024



##PAGE1##

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION Nos.34681, 36295 OF 2024 and 7917 OF 2025

DATE OF ORDER: 31.12.2025

Between:

Venugopal Sarada and others

…Petitioners

AND

The State of Telangana, represented by its

Principal Secretary, Municipal Administration

and Urban Development Department, Secretariat,

Hyderabad and others.

…Respondents

COMMON ORDER : (ORAL)

As all these writ petitioners pertain to the same property, they are

being disposed of by this common order.

2. For the sake of convenience, and for the disposal of these writ

petitions, the facts in W.P. No.34861 of 2024 are set out hereunder.

3. Heard Mr. Paravasthu Krishna, learned counsel for the petitioners

(in W.P. Nos.34681 of 2024 & 7917 of 2025 and respondents No.5 and 6 in

W.P. No.36295 of 2025); Mr. Putta Krishna Reddy, learned Standing

Counsel for Zaheerabad Municipality, appearing for respondents No.2 and 3

##PAGE2##

2

(in W.P. No.34681 & 36295 of 2024 and respondent No.7 in W.P. No.7917

of 2025); Mr. Vijay B. Paropakari, learned counsel for respondent No.4

(in W.P. No.36481 of 2024; petitioner in W.P. No.36295 of 2024;

and respondent No.6 in W.P. No.7917 of 2025); and perused the material on

record.

4. It is stated that respondent No.4 is the owner of the land admeasuring

Acs.12-00 guntas in Survey Nos.343/A1, 343/A, 343/EE and 343/Y,

situated at Zaherabad Village and Municipality, Sanga Reddy District. The

petitioners entered into development agreement with respondent No.4 vide

registered development agreement-cum-general power of attorney

(DAGPA) No.5470 of 2018 dated 02.06.2018 for developing the property.

The case of the petitioners is that they have developed the property in all

respects and completed all the works by investing their hard-earned money;

they have paid Rs.15,00,042/- (Rupees fifteen lakhs forty two only) to

respondents No.2 and 3 towards layout charges. Under the DAGPA, the

developers and owners have agreed to share the plotted area in the ratio of

60% : 40%. The ratio is to be followed after handing over the open space to

an extent of Ac.1-21 guntas (10%) and Acs.3-957 cents (32.70%) of the

roads to the Municipality by way of registered gift deed. As per the above

requirement, the petitioners have already intimated respondent No.4 by

notice dated 20.03.2023, however, there was no response from respondent

##PAGE3##

3

No.4. The petitioners requested respondents No.2 and 3 to receive/register

the gift deed by mortgaging Ac.1-21 guntas (10%) of area as per the

DAGPA. As there was no response from respondents No.2 and 3,

the petitioners were constrained to approach respondent No.1 who issued

Memo No.7029/Plc-III/2024 dated 30.05.2024 directing respondent No.2 to

take immediate necessary action and thereafter, respondent No.2 issued

instructions to the concerned officials to register the said gift deed.

Accordingly, the petitioners executed the gift deed in favour of respondent

No.2.

5. It is submitted that while so, respondent No.4 attempted to cancel the

gift deed with the help of some vested interested people in the office of

respondents No.2 and 3 and attempting to cancel the DAGPA and is trying

to sell the land which was developed by the petitioners in favour of

prospective purchasers. As such, the petitioners are constrained to approach

this Court seeking to declare the action of respondents No.2 and 3 in

permitting to cancel the gift deed executed in favour of respondent No.2 as

per the DAGPA No.5470 of 2018 dated 02.06.2018 as being illegal,

arbitrary and unconstitutional and consequently, to direct the respondent

authorities not to cancel the gift deed of 10% of land mortgaged in favour of

respondent No.2 in respect of the land admeasuring Acs.12-10 guntas

##PAGE4##

4

Survey Nos.343/A1, 343/A, 343/EE and 343/Y, situated at Zaherabad

Village and Municipality, Sanga Reddy District.

6. W.P. No.36295 of 2024 is filed (by respondent No.4 in

W.P. No.34681 of 2024) seeking to declare the action of respondents No.5

and 6 (petitioners

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