Raju Vegesna Properties (India) Private Limited vs. Telangana State Industrial Infrastructure Corporation (Tsiic)

Court:High Court of Haryana and Punjab
Judge:Hon'ble Nagesh Bheemapaka
Case Status:Dismissed
Order Date:19 Jun 2023
CNR:HBHC010278412023

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Order Issued After Hearing

Purpose:

Admission (Corporation)

Before:

Hon'ble Mummineni Sudheer Kumar

Listed On:

19 Jun 2023

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Order Text

$[3256]$

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE NINETEENTH DAY OF JUNE

TWO THOUSAND AND TWENTY THREE

:PRESENT:

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 15243 OF 2023

Between:

M/s. Raju Vegesna Properties (India) Private Limited, Raju Vegesna Group Building, D. No. 10-27-2/4, Facor Layout, Kailashmetta, Waltair Uplands, Visakhapatnam, Andhra Pradesh-530003. Represented by its authorized signatory, Mr. Rajesh Tirumala Raju, S/o. Rama Raju Tirumala Raju, R/o. Hyderabad.

Petitioner

AND

    1. Telangana State Industrial Infrastructure Corporation ('TSIIC'), 4<sup>th</sup> Floor, 5-9-59/B, Parisrama Bhavanam, Fateh Maidan Road, Hyderabad, Telangana-500004.
    1. Fabcity SPV (India) Pvt. Ltd, (A subsidiary of TSIIC, Undertaking of Govt. of Telangana), 4<sup>th</sup> Floor, 5-9-59/B, Parisrama Bhavanam, Fateh Maidan Road, Hyderabad, Telangana- 500004.

Respondents

WHEREAS the Petitioner above named through its Advocate M/s R.S. Associates presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order more particularly one in the nature of a Writ of Mandamus directing the Respondents to effect the necessary mutation with respect to incorporating the assignment of leasehold rights of the Scheduled Property in favour of the Petitioner vide Deed of Transfer of Lease dated $23/05/2022$ , and consequently amend the use of scheduled property for establishing a data $\overline{\text{center}}$ :

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of M/s R.S. Associates, Advocate for the Petitioner and Sri L. Prabhakar Reddy, learned Standing Counsel for TSIIC, takes notice of respondent No.1, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. $\rightarrow$

You viz:

    1. Telangana State Industrial Infrastructure Corporation ('TSIIC'), 4<sup>th</sup> Floor, 5-9-59/B, Parisrama Bhavanam, Fateh Maidan Road, Hyderabad, Telangana- 500004.
    1. Fabcity SPV (India) Pvt. Ltd, (A subsidiary of TSIIC, Undertaking of Govt. of Telangana), 4<sup>th</sup> Floor, 5-9-59/B, Parisrama Bhavanam, Fateh Maidan Road, Hyderabad, Telangana- 500004.

are directed to show cause on or before 03.07.2023 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 1 to consider the representation dated 22-07-2022 made by the Petitioner and make mutation with respect to incorporating the assignment of leasehold rights of the Scheduled Property in favour of the Petitioner vide Deed of Transfer of Lease dated 23-05-2022, and consequently amend the use of scheduled property for establishing a data center, pending disposal of WP No. 15243 of 2023, on the file of the High Court;

The Court made the following: ORDER:

Notice before admission.

Sri L. Prabhakar Reddy, learned Standing Counsel for TSIIC, takes notice of respondent No.1.

Learned counsel for the petitioner is permitted to take out personal notice on respondent No.2 by RPAD and file proof of service before the next date of hearing.

Pending further orders, respondent No.1 is directed to consider the representation dated 22.07.2022 submitted by the petitioner for incorporating the name of the petitioner in respect of the subject property in terms of deed of transfer of lease dated 23.05.2022 and pass appropriate orders thereon within a period of four weeks from the date of receipt of a copy of this order.

Post on 03.07.2023.

//TRUE COPY//

$\mathbf{1}$

SECTION OFFICER

SD/- MOHD. ISMAIL ASSISTANT REGISTRAR

To,

    1. Telangana State Industrial Infrastructure Corporation ('TSIIC'), 4<sup>th</sup> Floor, 5-9-59/B, Parisrama Bhavanam, Fateh Maidan Road, Hyderabad, Telangana- 500004
    1. Fabcity SPV (India) Pvt. Ltd. (A subsidiary of TSIIC, Undertaking of Govt. of Telangana), 4<sup>th</sup> Floor, 5-9-59/B, Parisrama Bhavanam, Fateh Maidan Road, Hyderabad, Telangana- 500004.
  • (Addresses 1 and 2 by RPAD- along with a copy of petition and Affidavit)
    1. One CC to M/s R.S. Associates, Advocate [OPUC]
    1. One spare copy

HIGH COURT

MSK, J

DATED:19/06/2023

NOTE: POST ON 03.07.2023.

NOTICE BEFORE ADMISSION

ORDER

WP.No.15243 of 2023

DIRECTION