Order Complaint No. 1469 Of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.1469 OF 2023
24th Day of April, 2024

Corum:

Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member

Dr. K. Sachidananda

…Complainant

Versus

Commissioner, HMDA

…Respondent

The present matter filed by the Complainant herein came up for hearing on
19.03.2024 before this Authority in the presence of the Complainant in person and
upon hearing the arguments, this Authority passes the following ORDER:
2.

The present Complaint has been filed under Section 31 of the Real Estate

(Regulation and Development) Act, 2016 (hereinafter referred to as the “Act”) read
with Rule 34(1) of the Telangana Real Estate (Regulation and Development) Rules,
2017 (hereinafter referred to as the “Rules”) requesting not to approve RERA
registration in favour of M/s CVR Constructions.

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Brief facts of the case:
3.

The Complainant submitted that as per the Family Partition Deed Doc. No.

2352 of 2019, Sri Dasari Sadasiva Reddy got 1951 Sq. Yards out of Sy. No. 13 and
14 of Jillelaguda Village, Balapur Mandal, R.R. Dist. Subsequently Sri Dasari
Sadasiva Reddy made multiple Sale Deeds in favour of M/s CVR Construction
represented by Managing Partner, Sri Chejet Srinivas Reddy and Sri Varla Anil
Kumar and gifted a portion of the land to his wife Smt. Dasari Naveena.
Subsequently M/s CVR Constructions sold portion of the land to Smt. Dasari
Naveena.
4.

That thereafter, Sri Mohd. Khaja released mortgaged house of Sri Dasari

Sadasiva Reddy from Union Bank and sold it to M/s CVR Construction which is
mentioned as Plot No. 52 (there is no lay out which is mentioned wrongly). Out of
all Sale Deeds, Total Land in 2099 Sq. Yards which is mentioned in above Sale
Deeds are in Sy. No. 13, 14, 13 part, 22 part and 23 part. All the Sale Deeds are
within the boundary plan of Sri Dasari Sadasiva Reddy's portion of partition deed.
As per the partition deed, area should be 1951 Sq. Yards part of Sy. No. 13 and 14
of Jillelaguda Village.
5.

That later on Smt. Dasari Naveena made Development Agreement with M/s

CVR Constructions which inturn submitted building development plan with
application No. 007253/BP/HMDA/1567/SMD/2023 on 25.06.2023 before HMDA.
He submitted that there is a Civil Suit pending in 2nd Addl. Dist. Judge R.R. Dist.
Court regarding above mentioned land and that the Complainant already
submitted a complaint dated 04.06.2022 before the HMDA not to grant any
conversion or construction permission in Sy. No. 12 & 13 part, part of Jillelaguda
Village.

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6.

He submitted that HMDA approved construction permission to M/s CVR

Constructions vide Application No. 007253/BP/ HMDA/1567/SMD/2023 on
07.07.2023 and forwarded to Meerpet Municipality on 19.07.2023. That as per the
partition deed Sri Dasari Sadasiva Reddy owns 1971 Sq. Yards in Sy. No. 13 & 14.
Approved plan is for 2099 Sq. Yards and in Sy. No. 13, 14 13 part and 22 and Sy.
No. 23 part (which is mentioned in Sale Deeds but not mentioned in the approved
plan). HMDA Authorities have not examined partition deed and Multiple Sale Deeds
thoroughly and granted construction permission to M/s CVR Constructions. He
submitted, that in this regard, the Complainant filed Civil Suit bearing OS
No.308/2022 & WP No.20253/2023 which are pending adjudication. Therefore, the
Complainant prayed not to grant TS RERA registration to the building plan
approved by HMDA vide Application No.007253/BP/HMDA/1567/SMD/2023 on
19.07.2023.
Observations and Directions of the Authority:
7.

This Authority has perused the material on record. Appropriate party i.e.,

M/s CVR Constructions has not been made as a party Respondent in the present
matter. However, upon verification, it is evident that the M/s CVR Constructions is
registered with TS RERA for its Project titled “CSR Classic” bearing Rgn.
No.P02400007388.
8.

The Complainant submits that Civil Suit bearing OS No.308/2022 before

Ranga Reddy Dist. Court and WP No.20253/2023 before Hon’ble High Court are
pending adjudication before the respective courts but has not submitted a copy of
the petitions so filed to verify as to whether the Suit and the Writ pertain relate to
the same parcel of land that is under development by M/s CVR Constructions

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bearing Rgn. No.P02400007388. Hence, no action can be taken by this Authority
regarding the said contention.
9.

Further, the Complainant has failed to establish his vested interest in the

said property, whether he is in a position of a landowner, investor or the developer
and how he is aggrieved with the Project. He simply brought to the notice of the
Authority that the land primarily belonged to Sri Dasari Sadasiva Reddy, who
subsequently, gave the said piece of land to M/s CVR Constructions for
development. There is no explanation as to how he has the locus standi to file the
present case.
10.

This Authority also observes that the relief sought for by the Complainant

i.e., not to grant TS RERA registration to the building plan approved by HMDA vide
Application No.007253/BP/HMDA/1567/SMD/2023 on 19.07.2023 is infructuous
as this Authority, on the basis of the documents so filed by M/s CVR Constructions
and

after

due

verification, has

already

registered

the

Project

vide

Rgn.

No.P02400007388. Accordingly, considering the aforementioned circumstances,
since the relief sought is infructuous and the Complainant has no locus to bring
forth the present grievance, the

Sd/……………………………
Sri K. Srinivasa Rao,
Hon'ble Member,
TS RERA

present Complaint is hereby dismissed.

Sd/……………………………………
Sri Laxmi Narayana Jannu,
Hon'ble Member,
TS RERA

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