✦ High Court of India · 01 May 2025

THE HON'BLE SRIJUSTICE C v. BHASKAR REDDY WRIT PETITION NO

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Bench
Not available
Length
1,677 words

F.l.l !l-Jt L, t,l/\(iI l'l t )L.l?, 'i/o Ktrsulr.l l{a In u lu, AqeLl about 4t3 years, Ucc' ['rlva[(' L rrtplt'-tyee' R/o H.No.1r- 3j3661A, Near Madlru Gas' Srinivas Nagar, Secunderabad ' YATA PAVAN KUIVIAR, S/o Late Yata Narsing Rao, noed about 46 years, Occ:Prtvate l mployee' nio fr.ruo.rO- l-5313, Near Sarbab..r Iemple' West MarredPallY, Secunderabad' M.SWAPNA SREE, D/o G.Srinivas ReddY, Aged about 36 Years, Occ: Housewife, R/o Plot No.13, Sneha Enclave, Bollaram, Secunderabad. MORSU RADHA, W/o Morsu Madhusudhan tlerldy, Aged about 61 Years, Occ: Housewife, Rio H.No.3-7[-,, Markook, Mulugu Mandal, Medak District. CHILUKA SWARUPA, W/o Chiluka Chandra Kumar, Aged about 57 years, Occ: l-louscwire, Rio H.No.f0-1-187, Behind Saibaba Temple' West MarredPallY, Secunderabad ' PETITIONERS AND THE STATE OF TELANGANA, Rep by its PrinciPal SecretarY, Department of Revenue, Secreta riat, HYderabad. THE DISTRICT COLLECTO!]., Hyderabad District, Lakadikapool, HYderabad. THE REVENUE DIVISIONAL OFFICER, Secunderabad Division, Secunderabad,

4. The Tahsildar, Manedpally Mandal, Secunderabad ...RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring the high-handed and illegal action of the Respondents are not allotting the Double Bed Room Houses at Old Marredpally Slum Area in Sy.Nos.62 and 63, Secunderabad to the Petitioners pursuant to Notification Dated 26.09.2017 in File No.C/'l 971told Marredpally-Manedpallyl2016 issued by the Respondent No.3 despite acquiring their lands for the purpose of construction of Double Bed Room Houses till lapse of 8 years as it being illegal, arbitrary, unjust and also in violation of principles of natural justice and consequently direct the Respondents to allot the Double Bed Room Houses at old Marredpally slum Area in Sy.Nos.62 and 63, Secunderabad to the Petitioners forthwith lA NO: 1 OF 2025 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 Respondents to allot the Double Bed Room Houses constructed at old Marredpally Slum Area in Sy.Nos.62 and 63 to the Petitioners pursuant to List i.e.,2-BHK Housing Programme in Hyderabad District, Dated 26.09'2017 and 27.Og.2017 in File No.c/1 gTltold Marredpally-Manedpally/2016 issued by the Respondent No.3 Counsel for the Petitioners: SRI G. RAJESHWAR REDDY Counsel for Resporidents: SRI H. SOMAIAH EZRA SASTRI, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.l 3a73 of 20.25 ORDER It is stated that the petitioners are the downtrodden people and particularly belonging to SC/ST/BC communities and they are in occupation of various extents of lancl and raised dwelling units since more than five ciecades. It is fur ther stated that, taking into consideration of their Iong possession and as they are all residing in slums notified under the provisions of the Slum Areas (Improvement and Clearance) Act, 1956, the Government with a laudable object constructed the I)ouble Bed Room House after conducting socio-economic survey. It is further stated that the petitioners have voluntarily surrendered their possession to the Government facilitating the Government to implement their object for construction of Double Bed Room House in Sy.Nos.62 and 63 of Otd Marredpally. It is further stated that the names of the petitioners were reflecte<l in the list of benehciaries at Sl.Nos.1O8, 104, 105, 36, 46,66, 117,63, 116,86, 115, 131, 132, 130, 18,93, r37,68,5,67, rO3, 14g and 37, respectively. It is further stated that, even though the Double Bed Room houses were constructed long back and even the petitioners are eligible for allotment of the said houses as 2 CVt]R, J Wp 138't3 2025 their name s have placed in the benehciaries list, the said houses have not been allotted to the petitioners. Hence, this writ petition.

2. Considered the submissions made by the learned counsel for the petitioners and Sri H. Somaiah Ezra Sastri, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.

3. Learned counsel for the petitioners has vehemently contended that, after conducting socio-economic survey, the respondents have identified the eligible beneficiaries and prepared a list in Fite No.C/ t97tlOld Marredpally- Marredpally/ 20 16 and the petitioners' names were placed at Sl.Nos. 108, 104, 1O5, 36, 46,66, 117,63, 116, 86, 115, 131, 132, 130, 1.8, 93, 137,68,5,67, IO3, 149 and 37, respectively. Learned counsel for the petitioners further submitted that the Double Bed Room Houses have been constructed by spending huge public money nearly a decade ago and even after constructing the houses, the said houses have not been allotted to the beneficiaries identified by the Government. The very object of the Government for construction of Double Bed Room \ \ 3 CVBR, J wp l3 !73_2025 Houses for allotment to the downtrodden people would be defeated if the said houses are not alloJted in a time-framed manner so as to enable the petitioners to stay with rheir families in their own houses instead of residing in the rental portions. Learned counsei for the petitioner further submilt ed that the petitioners are all working as labourers, maid servants and auto rickshaw drivers and they are not in a position to bear the expenses to occupy any premises on rentai basis.

4. Keeping in view the object of the Government for construction of the houses and the petitioners being identified as beneficiaries and their names have been rcflected in the beneficiaries Iist and since it is the duty and obligation on the part of the State under the Directive principles o[ State policy to provide shelter and bread more particularly to the persons belonging io below poverty line and keeping in view the various guidelines issued by the Government as per the provisions of the Telangana Land Revenue Act, 1317 Fasli and also the policy enunciated in G.O.Ms.No.1406, dated 25.07.1958, deems it appropriate to dispose of this writ petition rlirecting the respondents to consider the cases of the petitioners for allotment of the Double Bed Room Houses and if the petitioners I 4 CVBR, J wp 13873-2025 are otherwise not entitled for allotment of the same, the respondent authorities are directed to pass a reasoned order in accordance with law and communicate the same to the petitioners. The entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. 5 With the above observations, this Writ petition is disposecl of. There shall be no order as to costs 6 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/- P. PONNA KRISHNA ASSISTANT REGISTRAR SECTIOfu6FFICER To, \ 1 The Principal Secretary, Department of Revenue' State of Telangana Secretariat, Hyderabad. in" oisiri"i C6llector, Hyderabad District, Lakadikapool, Hyderabad The Revenue Divisional-Officer, Secunderabad Division, Secunderabad' The Tahsildar,-Marredpally Mandal, Secunderabad.'^- One CC to Sri G Rajedhwlr Reddy Advocate [oP-UC] i*" ccii" CpFor'Revenue ,Hig'h Courtfor tihe State of Telangana' [OUT] Two CD Copies

2. 3. 4. 5. 6. 7. MBC \y HIGH COURT DATED: 0110512025 ") $' S"\ I 1 i $, \ . I .r.,:. ,;. ORDER WP.No.13873 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS hA 1l

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