High Court · 2025

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in ttre attiaavit filed therewith' the High Court may be pleased to issue a Writ' order or Direction' more particularly one in nature of Writ of lVlandamus, declaring that the action of the Respondents Authorltie^s'^more particularly the Respondents 3 and 4' in interfering with the peaceful possesslon and enioyment of the 2-BHK house bearing No F2' Block 68' Gajwel-Pregnapur Municipality, allotted to the petitioner' vide Allotment Letter dated 21 03 '2023 ' afterthedrawoflots'pursuanttothefinaleligibilitylist'dated1903'2023' finalized by the 2nd Respondent' without issuance of any notice nor following the due process, as illegal' improper' arbitrary' uniust' in violation of the principles of natural iustice, violative of Articles 14' 21 and 300A of the Constitution of lndia and unconst tr .ir, r u rl and consequentially direct the Respo_rdents 3 and 4 not to interfere with the c r:cupation, possession and enioyment of :he s;aid 2-BHK House bearing No' t:2 Ercck 6g, Gajwer-pregnapur Municipariry, a ott€rd in favour of the petitioner, virre a I rrment retter dated 21 .03.2023, and pas; sur;h other order or orders may ci:e r , Jil and proper in the circumstances of lhe r:ase lA NO: 1 OF 2tC;is Petitior L rilc Section 151 CPC praying that in the circum,;tances stated in the affidavit f leri 1r1 5Lrpp.,t of the petition, the High oou. ma y be preased to direct the res'|lc rcrr.ts 3 and 4, not to interfere n"itn tn" pr:titio rer,s occupation and possesiorr ,.f t r: 2_BHK House beaing No. F2, Bor:k 6g, G ajwel-pregnapur IVluniciparity a,c.terrr to the petitioner, vide Arotment Letter dated 21 .03.2023, pending dispo:;ai of tre above Writ petition. Counsel for the I)etirioner : SRI GOURARAM RAJASHEKAR REDDY Counsel for the [les [rondents No.1to3 : SRI H.SOMAIAH EZRA SHASTRI. AGP FOR REVENUE Counsel for.thr: Filespondents No.4 : AGp FOR HOME The Court made thr: following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No. 4988 of 2025 ORDER: This Writ Petition is frled under Article 226 of the Constitution of India, seeking the following relief: "...be pleased to issue a Writ, Order or Direction' more particularly one in nature of Writ of Mandamus' declaring ih^t th. action of the respondents authorities more particularly the respondent Nos'3 and 4 in interfering with the peaceful possession and enjoSrment of the 2BHK house b"*irg No.Fi, elock 68, Gajwel-Pregnapur Municipality' allotteJ to the petitioner, vide Allotment Letter dated 21.03.2023, after the draw of lots, pursuant to the frnal finalized by the respondent eligibility list, dated 1g.O3.2O23 ' xolz without issuance of any notice nor following the due process, as illegal, improper, arbitrary, unjust' in violation of the principles of natural justice, violative of Articles 14' 2l and 3OO-A of the Constitution of India and unconstitutional and consequentially direct the respondents not to interfere with the occupation' possession and enjoyment of the said 2-BHK House bearing No'F2' Block 6S, Lajwel Pregnapur Municipality, allotted in favour of the p.ii ion"r, uide allotment letter dated 2l'O3' 2023 and pass such other order or orders may deem frt and proper in the circumstances of the case. " "

2. Considered the submissions of the learned counsel for the petitioner and Sri H'Somaiah Ezra Shastri' learned AssistantGovernmentPeladerforAssignmentappearingfor the respondents and with their consent, this writ petition is being disposed of at the admission stage- '-- ir.

3. [r ir; s,tated that under the scheme ui,Ce G.O.Ms.No.10, Housinq (?H and C.A1) Department, date<l 1t,.10 2015, the petitirrre:' w'as identified as beneficiary for all,rtment of doub e br: I room hou se. It is further staterl th at it r terms of the pri cr. laid down under the said G.O., a socio economic surve)' rzr; been conducted by respondent Nor;.2 itnd 3 and the pr:t tj,)ner was selected for allotment ol dorble bedroom housrr irn:l he u,as enlisted at Serial No.l4ll8. It ir; the case of thc. )ct I ioner that he was allotted a cloul;le ired room house re'ru-ing Flat No.F2, Block 68, Ciaju.el-F,regnapur Muni<:ipa ritv. Gajwel and he has been enjo.imer-rt of the same. J'h,: qrievance of the petitioner is that ,lt tlre behest of pc,li:it:LJ hierarchy, respondent Nos.3 an(.l 4 ate freque n r1., r nterfering r.l,ith the peaceful pcsscssion of the petition,.r rr -rd forcing him to vacate the premises etilotted to him b.r .tir.rng that he is not eligible for the saicl hr.,use.

4. Lc:u-r' ed Assistant Government pleader f<,r Home appeal'1r'E, or respondent No.4, on instructions, srrbmitted that respo-rdent No.4 is not interfering vvith ttre house propert\ al otted to the petitioner. : l I ; ] I I

5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos' 1 to 3 has submitted that mere mentioning the name of the petitioner under the beneficiary list does not take away the right of the State Government to conduct a detailed enquiry' if any complaint is received that the petitioner is ineligible for allotment of the said house

6. Even if the submissions of learned Assistant Government Pleader for Revenue and Home are accepted' the respondents have to follow the procedure as per the guidelines prescribed by the Government from time to time' but the respondents are not having any right to interfere with the possession of the petitioner unless the said allotment is cancelled in accordance with law' In view of the said' submissions' the writ petition is 7. disposed of, directing the respondents not to interfere with the Possession of the petitioner of the allotted house Block 68, Gajwel-PregnaPur bearing Flat No'F2, Municipality, except in accordance with law' t i.

8. \\' itlr the above observations, the u,ri t p :tition is dispos;erl :l No Costs. ,\s, a sequel, the miscellaneous petitioris i.nding, if arry, seirlr :lr and closed //TRUE COPY// To,

1. The StaLte c. Telangana, Hyderabad SD/.4. SRINIVASA REDDY ASSISTI\NT REGISTRAR SECTION OFFICER 2 The Distr r;t C r>llector, Siddipet District,. lntegrated Collectoral Hyderaba,i ll cad. Ambedkarnagar, Siddipei_502 -lO:l = Complex, ^dlr potice Station. Gajwe . Sictdipet potice rr, Gajwel Mandal, lntegrated Offices C)oml)lex, Sangapur Road, The Talrs- Gajwel-5r 2 ) 78 I!:Iqtl, " F ouseOfficer, Qajwel uommrfis ,)1r r ate. Siddipet District. One CC tr: S;f tr GOURARATM RAJASHEKAR REDDY, Arivocrrte. tOpUCI Two CCs c (il) FOR ASS|GNIVENT, High Court for the Stak:,of Telangana. [our] Two COs t., (lP FOR HOME, High Court for thr: State :f Telangana at Hyderab'ar: OUTI 4 6 7 o Two CD C,)Ci,)i. BSK BS HIGH COI.JIiT DATED:1tllC?-12025 -e:4 .ir'. -v / -c" F sre 14. ,,: . il $ JUI\J 2025 : ORDER WP.No.4988 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT C} )STS a ) /i -l 'j 1tfj