High Court · 2025

Judgment

1. The State of Telangana, Rep. by its Principal Secretary, Department, Secretariat, Hyderabad, T.S. , Revenue ...pETtroNERS

2. The District Collector, Hyderabad District, Hyderabad, T.S 3. The Tahsildar, Asifnagar Manda!,,Hyderabad, T.S. 4. Officer on Special Duty (OSD), Housing, GHMC, C.C. Complex, Khairtabad, Hyderabad, Telangana State. Respondent No.4 is lmpleaded as per Court Order dated 23l}gl2123 in l.A. No.1 of2023. ...RESPONDENTS I '.ri.,-' I ",1,::.1,. I ,'f-.,,. ..1

Petition under Article 226 of the Constitution of lndia praying that in the circumstances :;tated in the affidavit filed therewith, the High Court may be pleased to issuer an order, direction oiwrit more appropriately Writ of Mandamus declaring the aciion of the respondents herein in preparing and finalizing the tist of the eligible bene'ficiaries of double bedroom houses scheme (2BHK) of Hyderabad District without considering the requests of the petitioners herein is illegal, arbitrary, agains;t the principles of natural justice, violative of Articles 14, 16, 21 and 300 - A of ihe Constitution of lndia and conseqr"nity direct the respondents herein to enquir,: the matter to allot the double bed room houses to the petitioners herein who are the houseless poor and eligible people by considering the names of the:petiti@ners for allotment of double bedroom houses in accordance with law in the interest ol justice. lA NO: 1 OF 20110 Petition under Section 151 CPC praying that in the'circumstances stated in the affidavit filecl in support of the petition, the High Court may be pleased to direct the respondents herein to enquire the matter and allot the doubte bed room houses to the pr-'titioners herein who are the houseless poor and eligible people by considering the names of the petitioners for atlotment of double bedroom houses in accordance urith law, pending disposal of the main writ fetition, in the interest of justice. Counsel for the Petitioners: SRI M. A. MUJEEB Counsel for ther Respondents No.l to 3: SRI RAKESH KUMAR, AGP FOR REVENUE The Court made the following: ORDER r :--- ,.1

1.. \ I THE HONOURABLE SRI .rIISTICE E.V.VENUGOPAL CIIIITfiI This writ petition is filed to issue Writ of Mandamus declaring the action of the respondents herein in preparing and finalizing the list of the eligible beneliciaries of double bedroom houses scheme 2BHK of Hyderabad District, without considering the requests of the petitioners herein is illegal, arbitrary, against the principles of natural justice, violative of Articles 14, 16, 2l and 30O-A of the Constitution of India and consequently direct the respondents herein to enquire the matter to allot the double bed room houses to the petitioners herein who are the houseless poor and eligible people by considering the names of the petitioners for allotment of double bedroom houses in accordance with law in the interest ofjustice

2. Heard learned counsel representing .learned counsel for the petitioners and Sri Rakesh Kumar, learned Assistant Government Pleader for Reventle, appearing for respondent Nos.1 to 3. T'l 2

3. Learned counsel appearing on behalf of learned counsel for the petitionbr would submit that the petitionr)rs are landless poor people and in accordance with thr: scheme introduced by the official respondents for allotment of double bedroom houses to "the houseless poor people, the petitioner have made an application to responi.ent No.3. Respondent No.3 without considering the narnes of the petitioners, included the names of those vrho are not eligible under the scheme. L,earned counsel for the petitioner would rely upon the Aadhar cards ,rf the petitioners and submit that the Aadhar cards r,rre clearly demonstrate that the petitioners are comes under the below povert5r line.

4. I': is further submitted that after knowing the illegal action of the respondents, the petitioners approached the respor:Ldents, but the respondents are not responded to them. It is in clear violation of the guidelines as per the G.o.Ms.No-r2, dated 26.11.2015 of the Government of Telangana Housing (RH & A1) Department and the respondents have not considered the fresh applications of the petitioners and. deprived their legitimate share in I (-., \ \ the welfare scheme of the Goyernment. Hence, seeks indulgence of this Court tq allot double bed room houses to the petitioners.

5. On the other hand, by filing counter aflidavit, learned Assistant Government Pleadeq for Revenue appearing for respond.ent Nos.l to 3 would submit that the case of the petitioners was examined and found that the petitioners are residing in the Mandal jurisdiction. The GHMC authorities will forward the proposals to the District Collector, Hyderabad for construction of double bed room houses in the in-site localities identified in the Hyderabad District. In this regard, 1. Ziyagada, M.C.H Quarters, 2. Bhojagutta, 3. Dhoolpet localities were identified in Asifnagar Mandal jurisdiction towards construction of double bed room flats. Accordingly, S.E.S have been conducted by the then Tahsildar, Asifnagar Mandal in respect of the eligible beneficiaries, who are found to be in possession of a dwelling unit residing along with their family in respect of the site slums in the above localities. The petitioners are not residing in the above slums, but residing in different / , 4 t,: localities of Asifnagar Mandar jurisdiction, hence their n€unes c'ruld not be incruded in the sES rist for aflotment of doublt: bed room housing scheme. Therefore, he seeks to dismiris this writ petition. 6' Having heard rearned counser for the petitioners, learned Assistant Government preader for Revenue this court d.es not find any reason or ground to grant rerief to the petitioners. However, it is needless to mention that the petitioners are at liberty to approach the officiar respondr:nts as and when new construction of doubre bed roorn housing scheme is undertaken in trreir rocality and upon such approach, the official respondents shall examine the sarne and pass appropriate orders in accordance with law. 7 ' with the above observations, this writ petition is disposecl of. There shall be no order as to costs. Miscellaneous applications, if any, pend.ing, shall also stanrd closed \ To

1. /TRUE COPYII G SECTION OFFICER Revenue Department, State of Telangana, I! 3,,.,:; f; : i, ?,1o "?jffi,"r

2. The Dis,trict Collector, Hyderabad District Hyderabad, T.S. 3. The Tahsildar, Asifnagar Mandal , Hyderabad, T.S

4. [i:,*3J,'jf 'n;f",:fff:,, Duty (OSD), Housing, GHMC, C.C. Complex,

5. One CC to SRI M. A. MUJEEB, Advocate tOpUCI 6. Two CCs to G.P-- for Revenue, High Court for the State of Telangana at Hyderabad TOUTJ \

7. Two CD Copies o MP PS t { t I HIGH COURT DATED.2510912025 {,"i c C rt a I C C) ? I JAlt 2026 v

1. * ,F- ::'7 ''.."'. :''':.) n ORDER WP.No.19735 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS - _=r1-_.- \ \ il"f b#