Order Complaint No. 191 of 2023

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.191 OF 2023
30th Day of October, 2023
Corum:

Dr. N. Satyanarayana, IAS (Retd.), Hon’ble Chairperson
Sri K. Srinivasa Rao, Hon’ble Member
Sri Laxmi Narayana Jannu, Hon’ble Member

Sri Mirza Sameer Baig

…Complainant
Versus

1. Sri M. Rohit Reddy
2. Sri G. Venkatesh Reddy
3. Sri J. Rajasekhar Rao

…Respondents

The present matter filed by the Complainant herein came up for hearing on
03.10.2023 before this Authority in the presence of Sri Mirza Baig, the
Complainant, and Sri Siddharth, Counsel for Respondent No.1, 2 & 3 along with
Respondent No.1 in person and upon hearing the arguments of both the parties,
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 to take appropriate action
against the Respondent Builder.
A. Brief facts of the case:
3.

The

Complainant

submitted

that

the

Respondents

obtained

illegal

construction permission regarding land admeasuring 3034.68 sq yds in Sy No.584
of Uppal Khalsa Village but instead of raising construction in Sy No.584, they have
raised in Sy No.581/1 which belongs to the Complainant. He submitted that as per
Surveyor of Uppal Tehsil Report, it is apparent that Respondent No.1 is an illegal
occupant of the subject land as described above and the Revenue officers have sent
several notices and affixed notice on the building also stating Respondent No.1 is

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an encroacher. Further, location sketch was made by Dy Inspector of Survey HQ
which shows that Respondent No.1 has encroached upon the Complainant’s land.
4.

In this regard, he requested this Authority to stop the illegal construction on

the entire extent of 3034.68 sq mtrs of M/s Habitat Infra Structures, represented
by Respondents herein as well as cancel the construction permission granted by
this Authority vide Registration No. P02200003201 as the same is obtained by
suppressing material facts.
B. Notices issued to the Complainant & the Respondent:
5.

Accordingly, vide Notice dated 04.04.2023, served upon the Respondents,

this Authority directed the Respondent to submit a reply in terms of Rule 34 (1) &
(2) of the Rules, 2017 along with such other information with regard to the Project.
Thereafter, upon careful perusal of the record, this Authority issued another Notice
dated 16.05.2023 directing the Complainant to approach appropriate authority for
encroachment of others’ land and submit an action taken report by them to this
Authority for taking necessary action in the matter.
6.

Consequently, vide Reply dated 01.06.2023, the Respondent No.1 submitted

that the Complainant is falsely stating that construction is raised on Sy No. 581/1
instead of Sy No. 584. Further, that the Respondent is in peaceful possession of the
subject land since 1950 of Sy No.584 which is his ancestral land. Revised inquiry
was conducted again by Revenue/Land Officers and notice was issued stating “the
survey with the help of village map of land in Sy No.584 of Uppal Khalsa Village and
reported that the subject land to an extent of Ac 0-30 gts fall in respect of Sy No.584
which is patta land in the name of Rohit Reddy”.
7.

The Respondent No.1 submitted that the Complainant is making false

allegations, the land belongs to Respondent No.1’s forefathers and same has been
in their occupation since 1950s without any interruption and in lieu thereof, he
requested for the Complaint to be closed.
C. Hearing Conducted:
8.

Therefore, a Summons dated 27.09.2023 was served to the parties to appear

before the Hon’ble Authority for hearing in the matter on 03.10.2023. Accordingly,

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the parties appeared on the said date and this Authority clarified that the reliefs
claimed by the Complainant are not maintainable before this Authority.
D. Observations and Directions of the Authority:
9.

The matter is disposed of, and the Complainant is directed to approach

appropriate forum for the reliefs, as prayed for before this Authority.
10.

If aggrieved by this Order, the parties may approach the TS Real Estate

Appellate Tribunal (vide G.O.Ms.No.8, Dt.11-01-2018, the Telangana State Value
Added Tax Appellate Tribunal has been designated as TS Real Estate Appellate
Tribunal to manage the affairs under the Act till the regular Tribunal is established)
within 60 days from the date of receipt of this Order.

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

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

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

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