Interim Order Complaint No. 357 of 2025

BEFORE TELANGANA REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
Date: 18th February 2026
Quorum:

Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member
COMPLAINT NO. 356/2025/TGRERA

Mr. Jalakam Sampath Kumar
(R/o House No: 17-1-391/S/504,
Singareni Colony, Saidabad, Hyderabad -- 500059,
Telangana State.)
…Complainant
Versus
M/s Raja Infra Constructions, Rep by its managing partners
1. Mr Suresh Babu Mandava
(R/o Plot No. 388/A/1, Road No. 22,
Jubilee Hills, Shaikpet, Hyderabad,
Telangana State. Pin Code: 500008)
2. Mr. Anjaneyulu Kontham
(R/o H.No. 8-3-63/79, KVR Enclave,
Yellareddyguda, Hyderabad, Telangana State,
Pin Code: 500073)
3. Mr Babu Rao Palapotu
(R/o H.No. 8-3-63/79, KVR Enclave,
Yellareddyguda, Hyderabad, Telangana State,
Pin Code: 500073)
…Respondents
COMPLAINT NO. 357/2025/TGRERA
Mr. Jalakam Jyostnica
(R/o House No: 17-1-391/S/504,
Singareni Colony, Saidabad, Hyderabad -- 500059,
Telangana State.)
…Complainant
Versus
M/s Raja Infra Constructions, Rep by its managing partners
1. Mr Suresh Babu Mandava
(R/o Plot No. 388/A/1, Road No. 22,
Jubilee Hills, Shaikpet, Hyderabad,
Page 1 of 6

---

---

Upon examination of the record, this Authority notes that the subject project undertaken

by the Respondents at Plot Nos. 503 and 504, Saidabad Colony, Hyderabad, pursuant to the
registered Development Agreement-cum-General Power of Attorney dated 31.05.2021 (Doc.
No. 4189/2021, SRO Azampura), has not been registered under the Real Estate (Regulation
and Development) Act, 2016. In view of the said non-registration, this Authority, in exercise
of its regulatory jurisdiction, issued a Show Cause Notice calling upon the Respondents to
explain as to why appropriate action should not be taken for violation of the mandatory
provisions of the RE (R & D) Act, 2016.
3.

It is also an admitted position that pursuant that a registered Development Agreement-

cum-General Power of Attorney dated 31.05.2021 (Document No. 4189/2021, SRO
Azampura) was executed between the landowners and the Respondent/Promoter for
development of the project, wherein the Promoter was entitled to 50% share in the constructed
area. This Authority further takes note of the fact that building permission was obtained from
the

Greater

Hyderabad

Municipal

Corporation

(GHMC)

vide

Permit

No.

0073/GHMC/CHR/2021-BP dated 05.08.2021 in the name of the landowners, namely Smt. K.
Geetha, Sri Jalakam Sampath Kumar and others, in respect of Plot Nos. 503 and 504, Saidabad
Colony, Hyderabad. The said permission was granted for a plot area admeasuring 548.25
square metres for construction of a residential building comprising Stilt + 5 upper floors.
Page 3 of 6

---

In response to the said Show Cause Notice, the Respondents filed a written explanation

wherein, inter alia, they stated that the Development Agreement-cum-GPA dated 31.05.2021
was entered into with the landowners for development of a residential complex at Saidabad
Colony, Hyderabad; that as per the terms of the DAGPA, the developer was authorised only to
obtain construction permissions from competent authorities; that the landowners did not
authorise the developer to obtain RERA registration; and that the responsibility for obtaining
RERA registration remained with the landowners, who, according to the Respondents, qualify
as “promoters” under Section 2(zx) of the RE(R & D) Act, 2016. The Respondents further
submitted that there was no mala fide intention in not registering the project and expressed
readiness to obtain registration even at this stage, while praying that no penalty be imposed.
5.

However, upon verification of the records of this Authority, it is found that as on date,

the subject project remains unregistered. The explanation offered by the Respondents does not
alter the statutory position. Section 3 of the Real Estate (Regulation and Development) Act,
2016 categorically mandates as follows:
“(1) No promoter shall advertise, market, book, sell or offer for sale, or invite
persons to purchase in any manner any plot, apartment or building, as the case may
be, in any real estate project or part of it, in any planning area, without registering
the real estate project with the Real Estate Regulatory Authority established under
this Act:
Provided that projects that are ongoing on the date of commencement of this Act
and for which the completion certificate has not been issued, the promoter shall
make an application to the Authority for registration of the said project within a
period of three months from the date of commencement of this Act:
Provided further that if the Authority thinks necessary, in the interest of allottees,
for projects which are developed beyond the planning area but with the requisite
permission of the local authority, it may, by order, direct the promoter of such
project to register with the Authority, and the provisions of this Act or the rules and
regulations made thereunder, shall apply to such projects from that stage of
registration.
(2) Notwithstanding anything contained in sub-section (1), no registration of the
real estate project shall be required—

Page 4 of 6

---

As per the building permission granted by the Greater Hyderabad Municipal

Corporation vide Permit No. 0073/GHMC/CHR/2021-BP dated 05.08.2021, the project
pertains to a plot area admeasuring 548.25 square metres for the construction of a residential
building comprising Stilt + 5 upper floors. Therefore, the project does not fall within the
exemption carved out under Section 3(2) of the RE (R & D) Act, 2016.
7.

Further, the language of Section 3(1) is peremptory and leaves no discretion.

Registration of the real estate project is a condition precedent to any form of advertisement,
marketing, booking, sale, or offer for sale. The obligation is statutory and cannot be diluted or
shifted by contractual arrangements between landowners and developers. Whether the
landowners and the developer are joint promoters or otherwise is a matter that may be
determined in appropriate proceedings; however, the project itself cannot remain unregistered
while development activities are undertaken.
8.

In the present case, it is undisputed that construction has been undertaken pursuant to

the DAGPA dated 31.05.2021 and that the project has not been registered under the RE(R &
D) Act, 2016. In such circumstances, any advertisement, marketing, booking, sale or offer for

Page 5 of 6

---

Accordingly, pending compliance with the statutory requirement of registration, this

Authority deems it appropriate to issue the following interim direction in exercise of its powers
under Section 36 of the RE (R & D) Act, 2016:
i.

The Respondents are hereby restrained from advertising, marketing, booking,
selling, offering for sale, or inviting persons to purchase in any manner whatsoever
any plot, apartment or building in the subject project, until the project is duly
registered with this Authority in accordance with Sections 3 and 4 of the RE (R & D)
Act, 2016.

10.

This interim order shall operate until further orders or until registration of the project

with this Authority.

Sd/Sri K. Srinivasa Rao,
Hon’ble Member,
TG RERA

Sd/Sri Laxmi Narayana Jannu,
Hon’ble Member,
TG RERA

Sd/Dr. N. Satyanarayana, IAS (Retd.),
Hon’ble Chairperson,
TG RERA

Page 6 of 6

---