Dismissed

Countryside Realtors India Pvt. Ltd. v. Telangana Real Estate Regulatory Authority (Tgrera)

Telangana HC11 Nov 2024WP/22391/2024

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition seeking to quash an RERA Authority order and quash related proceedings. Noting that an appeal has been entertained by the constituted appellate authority under the RERA Act, the Court remitted the matter for adjudication by that forum. Interim orders were extended for four weeks. The Writ Petition was disposed without costs.

What did the court decide?

This Writ Petition is disposed of. Miscellaneous petitions pending standoff closed. No order as to costs.

Countryside Realtors India Pvt. Ltd. Vs Telangana Real… — Consumer Protection | Telangana HC (2024)

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[^32e6 ]

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IN THE HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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IMONDAY, THE ELEVENTH DAY OF^NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRIJUSTIGE^{C.V.BHASKARREDDY}

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WRIT PETITION NO: 22391 OF²⁰²⁴

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Between:

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Countryside Realtors lndia^{Pvt. L!Q.' tla.ving} -their^{OJficeat Villa.No'18'} WesteriO Greens, Sy.No.100^{and 107, Mokila-Village, ShankarpallyMandal,} Rangareddy District, Telangana -501203

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...'ETIT'ONER

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AND

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'1 . Telangana Real Estate Regulatory A-uthority (TGRERA)' Rep b.y. its . -. SeCreiary, Office at DTCP^{Buildin!,Ground Floor, AC Guards, IVlasab Tank,} Hyderabad - 500004.

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Tumpi Shome, Fl/o.^{Villa. No. 26, WesternGreens, Mokila, Near La Paloma} Villa, Hyderabad^- 501203.

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Ms. Sailaja Nukala,^{Rl/o.Villa No.100, Western Greens, Mokila, Near La} Paloma Villa, Hyderabad^- 501203.

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Ms. Monika Singh, Fl/o.^{VillaNo. 100, Western Greens' Mokila, Near La} Patoma Villa, Hyderabad^{- 501203}

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Mr. Tarun Dhar, fuo.^{Villa No.100,Western Greens, Ivlokila,Near La Paloma} Villa, Hyderabad^- 501203.

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Mr. Sandeep Joshula,^{Rl/o.Villa No.100,Western Greens' Mokila, Near La} Paloma Villa, Hyderabad^- 501203.

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...RES'ONDENTS

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Petition under Article 226 ol^{the constitutionof lndia praying that in the} circumstances stated in^{the affidavit filed therewith,the High courtmay be} pleased to issue a writ, order or direction,^{one more particularly in the natureof} a Writ of Certiorari or^{any other Writ, quashingthe lmpugned Orderdated} 25107t2O24^passed in^{l.A. No. 34 of 2024 in RERAComplaint No. 16 of 2024 and} further, this Honourable^{cor,rrtmaybe pleased to quash proceedings bearing the} RERA Complaint No. 16 of^{2024on the file of Respondent No. 1 forbeing illegal,} without any^{jurisdiction,} arbitrary,^{u nconstitutionaland in violation of statutory} provisions as stipulated under RERA^{Rules, 2017 and alsoviolatingthe} Constitutional rights available^{to the Petitioner.}

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lA NO: 2 OF 2024

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, irre uign court may o" preu."a to pass orders/issue writ in orders to stay all further pro"u"d'ing.'in nena complaint No. 16 of 2024 on the file of Respondent No. .l

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lA NO: 3 OF 2024

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Between:

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Tumpi Shomg, R/o. ^V!llq. No. 26, Western Greens, Mokila, Near La patoma Villa, Hyderabad - 501203.

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Ms. Sailaja Nukala, R|/o. .Villa l.J^o_. -100, Western Greens, Mokila, Near La Paloma Villa, Hyderabad - SO12O3.

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Ms. Monika Sinoh. R:/o. Villa-No. 100, Western Greens, A/okila, Near La Paloma Villa, Hirterabad - S01203

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Mr- Tarun Dhar, Rl/o. Viilq No. 'r00, western Greens, Mokira, Near La paroma Villa, Hyderabad - 50.1203.

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Mr. Sandeep Joshura, Rl/o. _Viila No. 100, western Greens, Mokira, Near La Paloma Villa, Hyderabad - 50.1203.

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...VACATE PETITTONERS/RESpONDENT No.2 ro 6

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AND

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1' countrysirrj Reartors. rndia pvt. Ltd., Having. their office at viila No.18, westend Greens. SvNo.'r00 ano roz, lrroriii"virrage, siirir,ripirrv viJnoat, Rangareddy Distrjct,'Telangana _501 2Cj3

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Telangana Reat Estate Regutatory Authority (IGRERA), Rep. by its Secretary, office at DTCp^-Buirdin(y. Ground ibor, AC Guards, Masab rank, Hyderabad - 500004.

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...VACATE^{pETTTtoNERS/PETITIONER/RESpONDENT} No.1

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Petition under section i 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, lne uigr, court may oe pLr."o t" vacate the interim order passed in wp.No. 22391 ot 2024, dar;d. i_oa_iozq, and.also dismiss the present writ petition with exemprary costs againstlhe writ Petitioner for abusing and misusing the process of law by stating false.

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counsel for the Petitioner: SRI r. pRADHyuMNA KUMAR, sR. couNSEL REp. FOR SRI N. PAVAN KRISHNA REDDY

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Counsel for the Respondent No.1: SAt PRASEN GUNDAVARAM

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Counsel for the Respondent Nos.2 to 6: SRI A. CHANDRA SHAKER

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The Court made the following: ORDER

I I

HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.2239L of 2024

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ORDER:

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This writ petition is filed seeking the following relief:-

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"...to issue a Writ, order or direction, one more particularly in the name of a Writ of Certiorari or any other Writ, quashing the Impugned Order dated 25.07.2024 passed in I.A.No.34 of 2024 in RERA Complaint No.16 of 2024 and further, this Honble Court may be pleased to quash proceedings bearing the^RERA Complaint No.16 of 2024 on the hle of Respondent No.l for being illegal, without any jurisdiction, arbitrary, unconstitutional and in violation of statutory provisions as stipulated under RERA Rules, 2017 and also violating the Constitutional rights available to the petitioner and pass such other order or orders as the Hon'ble Court may deem fi.t and proper in the circumstances of the case".

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Heard Sri T.Pradhyumna Kumar Reddy, learned Senior Counsel representing Sri N.Pavan Krishna Reddy, learned counsel for the petitioner and Sri A.Chandra Shaker, learned counsel for respondent Nos.2 to 6

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It is fairly submitted by the learned counsel for both sides that at the time of filing of the writ petition, the appellate authority has not been constituted under the provisions of the Real Estate (Regulation and Development) Act, 2016 (for short "the RERA Act"). It is further stated that pending adjudication of the writ petition, the appellate authority has been constituted and the appeai submitted by the petitioner has been entertained and Appeal No.28 of 2024 was assigned.

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,:VBR. J "vp^221912024

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Learned Senior Counsel appearing for the petitioner submitted that along with appeal, the^petitioner has also^{iled an} application seeking interim stay of the proceedings^{and the same} is pending for adjudication and therefore^prayed this Court^to protect the rights of the petitioner.

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Since it is submitted that the appeal^{hled by the petitioner} has been entertained and^pending for adjudication^{on th,: file of} appellate authc,riry, this Court, without^{expressingany} 'lpinion with regard to merits of the matter, deems it^{appropriateto} relegate the parties to agitate their^{grievances before the} appellate forum, in accordance with law.^{The interim orders} granted by this Court shall remain in force for a^period of^four (04) weeks from today, so as to enable^{the petitioner [o pursue} his remedies in the pending^{Appeal and the Interl'rcutory} Application, in accordance^{with law.}

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Accordingly, this Writ Petition^{is disposedof.}

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As a sequel, the miscellaneous^{petitions pending, if any,}

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shall stand closed. No^{order as to costs.}

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//TRUE COPY//

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To, 1. The Secretary, Telangana Real Estate Re-gulatory Authority (TGRF.RA)' ' om],r"iiofiP Buildi"ng' Grouno Ftoor' Ai Guards' Masab Tank' Hyderabad - 500004.

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2.^d;"Cb-i. SRI N PAVAN^{KRISHNA REDDY,Advocate t-o^P-qgl'} 5: d;6d i;5iii^{sni pnnsruGUNDAVARAM'Adv.o^cate^[oPUC]} ;. 5;; d6 i; siii I''bnnruonn^{SHAKER,Advocate [oPucl}

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Two CD^CoPies BN BS @),

CC TODAY

HIGH COURT

DATED:1^111112024

ORDER

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WP.No.22391^{of 2024}

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DISPOSTNG^{OF THE WRIT PETITION} WITHOUT^COSTS

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Countryside Realtors India Pvt. Ltd. v. Telangana Real Estate Regulatory Authority (Tgrera)

Case brief

What is this about?

What did the court decide?

Countryside Realtors India Pvt. Ltd. v. Telangana Real Estate Regulatory Authority (Tgrera)

Case brief

What is this about?

What did the court decide?

What the court decided

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