Order Complaint No. 379 of 2020

BEFORE TELANGANA STATE REAL ESTATE REGULATORY AUTHORITY
[Under the Real Estate (Regulation and Development) Act, 2016]
COMPLAINT NO.379 OF 2020
27th Day of September, 2023
Corum:

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

Syed Mahamood

…Complainant
Versus

1. M/s Vertex Homes Pvt. Ltd.
2. Sri M. S. Ramakrishnam S/o Late M.S. Raju

…Respondent

The present matter filed by the Complainant herein came up for hearing on
29.08.2023 and 20.09.2023 before this Authority in the presence of Sri Krishnam
Raju, GPA Holder of the Complainant attended virtually, and Sri A. Sriganesh,
Advocate on behalf of the Respondent 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”) seeking directions from this Authority to
take action against the Respondent.
A. Facts of the Complaint:
2.

The facts of the case, in brief, are that the Complainant is the son of Late Syed

Jahangir. His Late father acquired land in Sy. Nos.7, 9, 115, 16, 118, 142, 63, 80,
100, 141, 112, 163, 124, 78, 81, 48, 122, 110, 25 and 112 total extent of land Ac.4039 Gts at Hydernagar Village, Kukatpally Mandal, previously comes under Balanagar

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Mandal, Ranga Reddy District, Now Medchal-Malkajgiri District. His father died
intestate leaving behind his legal heirs namely, the Complainant, Fatima Bee, Syed
Khaja, Syed Sarvar, Shazadi Bee, Syed Khader and Syed Yousuf. In this regard, he
filed a suit bearing O.S. No.267/1980 before the Addl. Junior Civil Judge Cum IX
AMM, Cyberabad, Kukatpally for partition and separate possession and accordingly
the court granted preliminary decree on 29.10.1987. He filed a copy of the said Order
along with the Complaint. He further submitted that he filed an application for final
decree before the same court which is pending adjudication.

3.

The Complainant submits that the Respondent Builder represented by its

Managing Director cum GPA Holder M/s Rama Krishna Raju made an Application
for registration of its real estate project titled “VERTEX PRISTINE”, stating that “there
is no civil case pending before any court”. He submits, that, however, the Respondent
itself filed a Suit vide O.S. No.247/2018 which is pending adjudication before the Ld.
Addl. Junior Civil Judge Cum IX AMM, Cyberabad, Kukatpally in respect of land in
Sy.Nos.110, 115, 116 and 118 to an extent of 11884.5 Sq Yds. He further submitted
that the said Survey numbers are subject matter in O.S. No.267/1980. He also added
that several other number of cases are pending before different civil courts such as
O.S. No.267/1980, O.S. No.247/2018 and CRP No.2341/2019.

B. Relief sought:
4.

Accordingly, he prayed this Authority not to grant any approvals, permissions

or whatsoever or not to register any sale deed or documents on the said survey
numbers. In the interim, he sought to stop the work being conducted by the
Respondent or to maintain status quo.

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C. Hearing Conducted:
5.

That on 29.08.2023, this Authority called the matter for hearing and Sri A.

Sriganesh, counsel for the Respondent (attend physically) along with Sri Krishnam
Raju, GPA Holder of the Complainant (attended virtually) were present. On the said
day the Counsel for Respondent submitted that the Project is registered with TS
RERA vide Registration No. P02200004187. He further submitted that the
registration shall be valid for a period of 5 years commencing from 14.03.2022 up till
09.02.2028. The matter was adjourned to 20.09.2023 on account of the
Respondent’s request to file counter affidavit in the matter.

6.

The matter was again called on and on 20.09.2023 and the Counsel for the

Respondent was present. He reiterated the contents in the Counter filed on
15.09.2023 that pending litigations between the parties in the present complaint and
in relation to the subject land have been determined by the courts thereby submitting
that no litigation is pending thereof. He produced orders of the Hon’ble High Court
of Telangana in Writ Appeal No.449/2021 establishing the disposal of the matter.
However, this Authority has still not been apprised by the Respondent if O.S.
No.267/1980 and O.S. No.247/2018 have been disposed of by respective courts
where its adjudication is pending.

D. Directions of the Authority:
7.

Therefore, this Authority directs the Respondent to file a Memo within 15 days

of receipt of this Order apprising this Authority of the recent case status of the O.S.
No.267/1980 and O.S. No.247/2018 and any other case if pending before the courts
with respect to the Project land. If, it is found that aforementioned suits are pending
adjudication, then the Respondent is also directed to submit a revised Form B
thereby declaring the pendency of civil litigations on the Project land and the

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Authority shall accordingly take action for violation of any provision under Act &
Rules thereunder.

8.

The matter is disposed of on the above terms and parties are hereby informed

that non-compliance with the Orders of the Authority shall attract Section 63 of the
Act

9.

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 Laxmi Narayana Jannu, Hon’ble Member
TS RERA

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

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

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