High Court · 2025

Petition under A(icle 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAIVUS, declaring the inaction of the respondents in executing the conveyance deed in favour of petitioner in respect of Quarter bearing H. No.1-4-137, Kamela, Fathe Nagar, Medak under G.O. Ms. No.56 Housing Department dated 28-10-1989 in pursuance to her representations dated 13-05-2025 and 01 .11.2023 as illegal, arbilrary, unreasonable, u nconstitutiona l, in violation of rights under Articles 14 and 21 of the constitution of lndia and consequently direct the respondents to execute the conveyance deed in favor of petitioner in accordance with G.O. Ms. No.56 by considering and disposing of her said rep resentatio ns. J. !'!!tk- * lA NO: 1 OF 2025 Petition rnder Section 151 CPC praying that in th:: circumstances stated in the afftdavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith consider and d ispose of petitioner,s rep resentatio ns. dated 13-05-2025 and 01-'l 1-2023 in accordanr;e with G.O. Ms. No.56 for exercution of conveyance deed in respect of (luarter bearing H.No.1-4-137, Kamela, Fathe Nagar, Medak pending disposal of the writ petition. Counsel for the Petitioner: SRI ANUGANTI PRANEETH Counsel for the Respondent No.1 to 3: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.4: SRI PUTTA KRISHNA [tEDDy, SC FOR MCPL The Court made the following: ORDER THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRTT PETITIONNo.20036 oF 2025 ORDER: This writ petition is filed by the petitioner seeking to declare the action of respondents in not executing conveyance deed in her favour in respect of the Quarter bearing H'No' 1 -4- 137' Kamela' Fathe Nagar, Medak, under G'O' Ms'No'56 Housing Department dated

28.10.1989, pursuant to her representations dated 01'11'2023 at:'d

13.O5.2025, as being illegat and arbitrary'

2. Heard Mr. Anuganti Praneeth, leamed counsel for the petitioner, and Mr' Putta Krishna Reddy, leamed standing counsel for Municipatities, appearing for respondent No'4' It is claimed that husband of the petitioner' late Mr' lbrahim 3. was employed as Sweeper at Medak Municipality and he was allotted the Quarter bearing H.No.1-4-137 situated at Kamlea' Fathe Nagar' Medak, on 15.05'1983 on monthly rent of Fts'41- vide proceedings No.C3l5/83 issued by the then Commissioner' Medak Municipality' The allotment was subject to the condition of personal occupation without sub-letting and maintaining cleah)ifrEss' During the lifetime .l 2 W.F. No.20036 of 2025 \< d;rr- Wir' of the lrusband of the petitioner, he undertook ,""'#tr:';:i;3';fu renovations at his own expense to keep it habitabje, The husband of the petitioner passed away on 14.04.2005 le,aving behind the petitioner and her sons as legal heirs, and they hav<: been continuously residing in the said quarler.

4. lt is submitted that G.O. Ms.No.56 Housing Depa.rtment dated

28. i0. 1989 was issued by the Government to regull:,te the allotrrent of Quarters constructed under the Low-Income Group Housing (LIGH) scheme implernented rvith the assistance of the Go'remm.nt of India. As per the said scheme, euarters constructed by ,.he Municipalities have to be altotted on hire purchase basis to eligible persons who do not own houses. The Govemment recognized thrrt occupants have been residing over two (2) decades paying r:nts, undertaking maintenance etc. and decided to allot quafters to sur.:h persons on hire purchase basis as a special case subject to the pay:nent of the value fixed by respondent No.3 - the Engineer_in_Chief, l:,ublic Health and other conclitions. 3 W.P. No.20036 of 2025 Dated 02.09.2025 It is submitted that in pursuance to G.O. Ms.No.56, the Medak

5. Municipality has implemented the scheme by alienating quarters to similarly placed sweepers and employees who were in occupation prior to October 1986. However, the husband ofthe petitioner and 16 other sweepers were left out. On 29.02.2013, the petitioner and 16 others made representation seeking execution of conveyance deeds in terms of G.O. Ms.No.56 dated 28.10.1989 by expressing their willingness to pay the value of the Quarter and bear registration charges as per the scheme. The Commissioner, Medak Municipality, has forwarded the proposal vide Lr.No.Cll2248l20l3 dated

24.05.2013 to respondent No.2 seeking necessary orders for allotment of quarters under G.O. Ms.No.56 dated 28.10.1989 on hire purchase basis. However, no action has been taken by respondent authorities.

6. It is submitted that the petitioner has submitted several representations including representation dated 1 3.05.2025 requesting respondent authorities to fix the sale price and execute conveyance deed under G.O. Ms.No.56 dated 28.10.1989, but respondent authorities did not act upon the same. It is also submitted that the husband of the petitioner was alloftEd[,ru.t". on 15.05.1983 which is I I I l 4 well prior to October 1986 and the cut off date as per G.O- Ms.No.56 W.P.'),1o.20036 of 2025 Dated 02.O9.2025 dated 28 10.1989. The action of respondent authorities in not considering the representation of the petitioner da:ed 13.05.2025 is arbitrary :rnd unconstitutional.

7. Learned standing counsel for respondent No.4 submitted that representation of the petitioner dated 13.05.20:15 will be duly considereri in accordance with law.

8. Recording the submission of the leamed starrding counsel for Municipalities, appearing for respondent No.4, th.: writ petition is disposed of, directing respondent No.4 to consider the representation of the petitioner dated 13.05.2025 for execution of conveyance deed in favour of the petitioner in respect of the euarter trearing, H.No.l-4- 137, Kamela, Fathe Nagar, Medak, as per G.O. VIs.No.56 Housing Department dated 28.10.1989, and pass orders, in accordance with law, by affording opportunity of hearing to the pe titioner, within a period of four (4) weeks from the date of receipt of a copy of this order. Tht:re shall be no order as to costs. ) W.P. No.20036 of 2025 Date.d, 02.09.2025 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. To, //TRUE COPYII S MALLIKARJUNA RAO ISTANT REGISTRAR SECTION OFFICER 1 2 3 If-Ilil:ipll Secretary, Municipat administrati recreranat, Hyderabad,-State Of 'fefang;;;i"''' 5i',,S ;T,Tl'fi ':J,'J #i ?;s:i:t,:J M un icipa I Adm in istration re ra nsa na, Il:"rt?g'5tt"in-chief, Public Health, Tetangana, office at A C Guards, and urban developrnent,

4. The Commissioner, Medak Municipality, Medak, Medak District. 5. One CC to SRTANUGANTT PRANEETH, Advocate tOpUCl 6 One CC to SRt PUTTA KRTSHNA REDDY, SC FOR MCPL [OPUC] 7. Two CCs to Gp FOR M Telangana ,t uvo"rroioctPolltDMN URBAN DEV' High court for the state of

8. Two CD Copies BSR BS 0k HIGH COURT DATED:0210912025 . ; i,. _r'1 _ ' { ,-,'tr "A\ ). (. ORDER WP.No.20036 of 2025 1E IJEP 2O?5 i l,t { {)a r,y' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS P 6 1