K.Arunachala Murthy v. AP Industrial Development Corporation Ltd., (APIDC)
Court: High Court for State of Telangana
Bench: NAGESH BHEEMAPAKA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-12-30. K.Arunachala Murthy v. AP Industrial Development Corporation Ltd., (APIDC). Read the judgment...
Judgment text
[ 3300 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 10772OF 2025 Between: K. Arunachala Murthy, S/o. Kandasamy, Aged 49 years, Occ ; Business, Rl/o D. No. 135, Devarayapalayim, lchipatti Post, Somanur' Tirupur District, Tamil Nadu. ..... PETITIONER AND AP lndustrial Development Corporation Ltd. , (APIDC), Rep. by its Chairman 1 and Managing Direcior, Parishram Bhavan, TGIDC Ltd. , Basheerbagh, HYDERABAD. M/s. Zen Global Finance limited, Rep. by its Chairman, Jamsheed M Pandey, 2 Registered office at No. 1 Sriram nagar, South Street, Alwarpet, Chennai- 600018. J M/s. Zen Global Resources and Energy Ltd. , rep. by its Managing Direclor, Jamsheed M Pandey, Registered office at 3-209, Block No. 3, Divya Shakthi Apartments, D. No 7-1-58, Ameerpet, Hyderabad-50016. 4 The State of Telangana, Rep. by its Prl.
Secretary, Finance and Planning Department, Hyderabad. 5. Telangana State lndustrial Development Corporation,Ltd. , (TSID. -C), Rep' by itsthairman and Managing Diiector, Parishram Bhavan, TSIDC Ltd. ' Bhsheerbagh, HYDERABAD. (R5 is impleaded as per Court Order dated 09. 06. 2025 in l. A. No. 2/2025)' .... ,RESPONDENTS Petition Under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction, more particularity one in the nature of writ of Mandamus directing the 1st Respondent to consider the piece of land Representation Dt. 07 to2l2o24, thereby seeking allocationi transfer a in Sy. No, 25615A admeasuring Ac. 2.
50 cents situated at K Krishnapuram Village, Palladam Taluk, Tirupur) Tamil Nadu on market p r ce under section 29 and 31of the State Financial Corporations Act, 1 951 as it is adjacent land to the petitioner in the interest of justice by declaring the Responde 1ts arbitrary action is being illegal and violative of the Articles 14 and 21 of the Cor ;titution of lndia. |. A. NO:1 OF 2025 Petition Under Section 151 CPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Court ma be pleased to direct the 1st Respondent to consider the Representation Dt )710212024, thereby seeking allocation/ transfer a piece of land in Sy. No. 25(ii iA admeasuring Ac. "aluk, 2. 50 cents situated at K. Krishnapuram village, Palladam Tirupur, Tamil Nadu on market price pending disposal of writ petition in the ir terest of justice. Counsel for the Petitioner : SRI RAMANA ALLU Counsel forthe Respondent Nos. 1 to 3 & 5 : SRI V.
RAMULt Counsel for the Respondent No. 4 : G. P FOR FINANCE ANt) PLANNING The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITIoN No. 10772 of2O2S 30. L2. 202s Between: K. Arunachala Murthy ... Petitioner AND A. P. Industrial Deveiopment Corporation Ltd. (AplDC), Represented by it's Chariman and Managing Director, Parishram Bhavar, TGIDC Ltd. , Basheerbagh, Hyderabad. ... Respondents ORDER: This Writ Petition is filed seeking a direction to respondent No. 1 to consider the representation, dated 07. O2. 2O24, whereby the petitioner is seeking allocation/transfer of a piece of land in Sy. No. 256/5A admeasuring Ac. 2. 50 cents, situated at Krishnapuram lrrll- \*T village, Palladam Taluk, Tirupur, Tamil Nadu, r . t market,price under Section 29 and 31 of the State Financiz I Corporations Act, 195 1, as the said land is adjacent to 1 re petitioner's property. 2.
Heard Sri Ramana Allu, learned cc,r tnsel lor the petitioners; V. Ramulu, learned Standing Colr rsel appearing for respondent Nos. 1 to 3 & 5 Governme r t Pleader for Finance and Planning appearing for resI cndent No. 4. Perused the record. 3. The case of the petitioner is that he pur< hased a piece of land totally admeasuring Ac. il. O8 lz cent s, situated at Krishnapuram village and panchayat Board, I) Llladam Taluq (Panchayat Union), Tiruppur District, Tamiln rdu from the A. P. Industrial Development Corporation Ltd. (APIDC) and the same was registered in his favour uid. e r :gistered sale deed, dated 27. O8. 2OI3. Respondent No. 1l had earlier purchased land admeasuring Ac. 13. 58 lz cent ; by virtue of four registered sale deeds, dated 05. 12. 1gg4. I tue to default in repayment of a loan amount of Rs. 94,00,000 '- respondent No. I-APIDC initiated steps to sell the pro: :rty kept as collateral security and issued a paper publication in daily newspapers dated 27. O8. 2OL2.
Pursuant thereto, the petitioner purchased land admeasuring Ac. l1. OB lz cents through a registered sale cieed. dated 27. O8. 2OI3. By virtue of Section 29 of State Financial Corporation Act, 1951, respondent No. 1 seized the property and the same was sold to the petitioner, except the land in Sy. No. 256/5A admeasuring Ac. 2. 50 cents. 4. Learned counsel for the petitioner had contended that on observing physical possession, the property is found to be divided into two parts. Apart from the land admeasuring Ac. ll. O8% cents situated in Sy. Nos. 22O/1, 256/2D, 256/4, and 256/58, there exists another piece of land in Sy. No. 256/5A admeasuring Ac. 2. 5O cents. The said land lies between Sy. Nos. 256/4 and 256/58, causing obstruction and difficulty in access. Therefore, the petitioner is willing to purchase the said land in Sy. No. 256/5A from respondent No. 1. As per the revenue records, Sy. No. 256/5 measures Ac. 5. OO cents and is subdivided into Sy. No. 256/5A admelisuring Ac. 2.
50 cents and Sy. No. 256/5B admeasuring +? Eilzi \ \ - Ac. 2. 50 cents. Sy. No. 256/58 stands in -he name of the petrtroner, while Sy. No. 256/5A stands n the name of respondent Nos. 2 & 3. Accordingly, the pt: itioner submitted -i representation to respondent No. 1 seell ng permis:ion to purchase the lald admeasuring Ar: 2. 50 cents in Sy. No. 256/5A, sitr:ated -2111 at K. Iftishoap,; Viliage and Panchayat Board, Palladarn Taluk (pa echayat Union), Tiruppur District, Tamil Nadu. Horv:ver, the said representation has not been considered. Hence, the Writ Petition 5 On the othei hand, learned counsel fcr respondent No. 1 contended that respondent No. 1 grants oans under the provisions of the State Financial Corporaticr s Act, 195 1, and that the petitioner has no privity of contrac 1 with respondent No. 1. It was further contended that only r :spondent Nos. 2 and 3 are liable to respondent No. 1 arr , therefore, the petitioner has no locus . elief standi to seek the prayed for.
Hence, there are no merits in the Writ petiti rn and the same is liable to be dismissed. z/ 6. Having considered that the respective submissions, keeping in view the rimited grievance of the petitioner that his representation dated OZ . O2. 2024 , seeking permission to purchase the remaining bit of land as well (i. e. , Ac. 2-50 cents in Sy. No. 256/5A located in the middle of the petitioner,s property) has not been considered yet, the writ petition is disposed of with a direction to respondent No. 1 to consider the representation ald pass orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No order as to costs. Miscellaneous applications, if any pending, shall stand closed. SD/. G. DEEPIKA SISTANT REGTSTRAR //TRUE COPY// SECTION OFFICER To h Court for the State of FINANC-F AND PLANNIN\H 1 Two CC's1o G. P FOR ili"r,ig, na it H vd (orl 9I9 93. q p u c] J ] oo uo [o 2 one ic to sRl RAMANA A "r,e Advocate toPUCl 3 EnE & i" SiiiV.
nevtuLU, 4 Two CD CoPies SA I, / HIGH COURT DATED:3011212025 r ,t l'rt7' HE: a\h' \ a 1 JAI 202[ 2 -', l. l ORDER * ^. s, WP. No. 10772 o12025 DISMISSING THE W. P WITHOUT COSTS. \Tro et\r
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