High Court · 2025

Petition Under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue Writ, Order of Direction more particularly one in the nature of Writ of tt/landamus challenging the action of the Respondent No 2in allotting two bedroom houses in furtherance with G O'Ms' No' 10' Dt 15-10-2015 to the residentsofHyderabadwhofallwithinthelimitsofGHMCarea,in2BHKDignity HousingColonyconstructedinMankhalVillage,lVlaheshwaramMandal' Thukkuguda,aSperthebeneficiarieslistissuedbyRespondentno.3dated02-09. 2023'asillegal,arbitraryandunconstitutionalandmoreparticularlyinviolationof Article.l4,lg,2landalsoincontraventiontotheguidelinesenvisagedunder G.o'IVs.No.10,Dt,15.10.20,l5issuedbytheRespondentno.1,and consequently seeking to revoke/cancel the allotment of two bedroom houses, in Mankhal village, A/aheshwaram Mandal, to nearly 1730 families who are residents of Hyderabad as per the list issued by the Respondent no.3 dated 02-09-2023 and further direct the Respondent No. 2 to allot houses to the petitioners and other applicants who are local residents of rhukkuguda Municipality in accordance with G.O.Ms. No. 10, Dt. 15-10-2015. l.A.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.2 to 5 not to handover physical possession of two bedroom houses, to the residents of GHtvlc areas as shown under the list issued by the Respondent no.3 dated 02-09-2023, in the 2 BHK dignity housing colony constructed in [\/an kha I vi lla ge, Arlaheshwaram l\iland a l. |.A.NO:2 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 suspend the operation of the beneficiary list dated 0210912023 issued by the Respondent no.3 wherein the Respondent no.3 allotted 2 bedroom houses to 1730 families in 2 BHK housing complex, Mankhal, [r/aheshwaram, R.R Dist. in pursuance to G.O.tVls. No. 10. Dt. 1511Ol2O1s. |.A.NO:1 OF 2024 Between 1 2 The State of Telangana, Rep by its. Principal Secretary, Department of Housing, Secretariat buildings, Hyderabad.. The. District Collector, Ranga Reddy District, Kongarakatan village, lbrahimpatnam, Kongara Kalan, Telangana 501 5i0. ....PETITIONERS/RESPONDENTS .:r.: AND 1 L4rs. Ainalalaxshmamma, w/o Late A ! glma. .Re!dv, {qef ?P9I-^8i ' ;;;ir. " d.;l-uousewirel nvo n uo l -8411 ' It/ankhal' [vlaheshwaram il.rlandal. R.R. Dist, Telangana' 2- Ivlrs. Konamoni Sangeetha, Wio. K' Anjiah, Aged about 38 years, occ. Housewife. RYo. H.No. z156)r''rr'rlnrn'l' i''ahesfrwaram Mandal R R Dist' Telangana. 3. tvlrs. lchapuramchamanthi, W/o Papa .Rao' Aged about 48 years' Occ' Housewite, R/o H.No. oll'0,'ivf'"kri5r' N/ih6snilaram tVlandal R'R Dist' Telangana- 4. Mrs. AyellaSanthosha. W/o' Anjiah Goud' Aged about 37 years' Occ' Housewife, R/o. H.No. r-rio' rviJiirrt't' Mih"t6*'"t Mandal' R R Dist Telangana. 5. t\r'trs. GurijalaHamsamma. W/o Bikshapati' Aged about 48 years' Occ' Housewife, Rio H-No i-i zO" l'lutrn"l' 'lvlaires-hwa'om lVlandal R R Dist Telangana. 6 [,4rs. JapalaBhagavathi' W/o. Vankata Cfrary' Aged about 39 yeSr:' 999 " ij;i;r;ilf". nio-H r.ro. 3_i'6, rv;;tih;i, lrlah6shriaram t\4andal, R.R. Dist, 7. [r,4rs. KaatlaShirisha' W/oKVenkatesh' Aged about 31 years' Occ. Housewife, R/o. H.No !:io,'rra'*nji' vlaheti*at" Nilandal' RR Dist' 8. Mrs.Japala Jyothi Lakshmi, W/o Rangaialt' +S"O about 37 years' Occ 'Hrrr"rnrr,"rvtahesh"waram tr/andal, R.R. Dist. Telangana. Telangana. Housewife, nyo u.ruo.'5_.i's, Telangana.

9. lVlrs. ErukalaShivamma, W/o'Eshwaraiah' Aged about 53 years' Occ' R.R. Dist, Housewife, ruo. n.r.ro.?-rbli, M;;khrl, t'l;heihwaram Telangana.

10.tvlrs.Joqu Shantamma, Wio Sattaiah.'. Aged about 53 years' Occ' ' "'ti:i,;;;i r"."R;.' H. r.r".' z-bi ] rt'1,-nrtr''i' rvr'nSthwaram Mandal' R R Dist' Telangana. 1 1. tvlrs.Peethanisubbalaxmi, W/o' Yedukondalu' Aged about 46 ye3r!' 999 Housewife, nlo. n.No.' nlt)+,"rt'r'"[nJt, Mahesh aram fvlandal' R R Dist' Telangana. 't/andal, Telangana. l2.Mrs.ThadakalaYadamma,W/o.Ramulu,Agedabout4gyears-.occ. '- ii;;.";,f",-nlo. H.r'ro. a-32,'Minkhal, Maheslhwaram Mandal' R'R Dist' 'l3.Mrs. Dappu Madhavi, W/o' Yadaiah' .Aged about 3a V9as. p99 '" irii,r"*it;inyo n.No. b-ssia, rr/lrnrr'ut, tr/ah-eshwaram Mandal, R.R. Dist, 14.t\rlrs. Saraswathi Kothapalli, W/o. Pandu Rangarao, Aged about 59.y"38' ' O;; Housewite, nyo. H.No. S-216, Mankhal, Maheshwaram Mandal' R'R '1 5.The I\,4anaging Director, Telangana State Housing corporation' Hyderabad' Dist, Telangana. Telangana. '1 6.The Commissioner, Greater Hyderabad Municipal Corporation (GHMC), Hyderabad. .....RESPONDENTS/PETITIONERS 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 vacate the interim orders dt:25.09.2023 in lA.No.1/2023 in Wp.No.26633t2O23 and dismiss the writ petition. Counsel for the Petitioner: SRI B.MAYUR REDDY, LEARNED SENIOR COUNSEL REPRESENTING SRI BANDAR MANAV KUMAR Counsel for the Respondent Nos.1, to 3 & 5 : THE ADVOCATE GENERAL Counsel for the Respondent No.6 : SRI G.MADHUSUDHAN REDDy Counsel for the Respondent No.7 : SRI CH.SHIVA KRISHNA The Court made the following ORDER HON'BLE SRIJUSTTCE K. LAKSHMAN WRIT PETITION No .26633 0R 2023 ORDER: Heard Sri B. Mayr'rr Reddy' Iearned Senior Counsel representing Sri Bandar Manav Kumar'' learned counsel for the petitioners, learned Advocate General appearing for respondent Nos'1 to3,5and6,SriG.MadhusudhanReddy,leamedStandingCounsel appearing lor respondent No 4 and Sri Ch'Shiva Kumar' learned counsel appearing tbr respondent No'2

2. 'Ihe petitioners are 14 in nurnber' They are residents of Mankhal Village, Maheshwaram Mandal' presently it is in 6th respondent Municipatity' With an intention to provide two bedroom houses (for short' 2BHK) to houseless poor families in the State' Govemment of Tclangana, has designed a policy and issued guidelines vide G.O.Ms. No l0, datect 15-10-2015 (for short' subject G.O.') for implementation of two bedroom housing program' Pursuant to the subject G'O, land adrneasuring to an extent of Ac' 09'20 guntas in Sy. No. I 3 1 and Ac. 12-08 guntas in Sy' No' 602' has been acquired by 3'd respondent from pattedars, in the year 2016, fbrthe purpose of constructing two bedroom housing complex consisting of nearly 2700 I i l i I I I I i ,l ,i i l I w.P.No.26633 "r{kl, 2 flats in Mankhal Village, and the construction of the said housing complex has been completed inthe year 2017.

3. As per the subject G.O., the petitioners are eligible for allotment of 2 BHK houses. They have submifted applications seeking allotment of two bed room houses.

4. It is contended by the petitioners that they were waiting for allotment ofhouses. 3,d respondent has released list of beneficiaries on 02.09.2023. He has announced nearly l73O famities, who are all residenrs of Hyderabad which fa,s within the limits of GHMG areas such as Malakpet, yakutpura, Charminar and Chandrayangutta. The said allotment is prior to the subject G.O. Therefbre, the petitioners sought to declare the said rist as ,legar and for consequential direction to allot houses to the petitioners and other applicants who are local residents of 6,h respondent Municipality in accordance with guidelines issued vide the subject G.O.

5. Respondents 3, 5 and 7 filed counters contending as follows:_ Scheme for allotment of 2 BHK houses was fiamed and also guidelines were issued by the govemment vide subject G.O. to the residents of Hyderabad who fa, within the limits of GHMC areas in Two Bedroom Housing Complex, constructed in Mankhal Village. 3.d KL,J W.P.No.26633 of 2023 3 I I respondent has issued beneficiaries list dated 02 '09 '2023 strictly in accordance with the said guidelines'

6. It is further contended that the Govemment has issued subject G.O. for effective implernentation of Two Bedroom f:lousing Complex in a phased manner by the District Collector and Commissioner' GHMC Hyderabad' Certain additional guidelines lor implementation of Two Bedroom Housing Programtne in GHMC areas were issued vide G.O'Ms.No'3, dated 06'1 l'2020' The guidetines were issued with a view that all the categories of the houseless poor get a house to live which is actual object of the programme' The eligibility criteria among others being that the beneficiary shall be belorv poverty line famity having a valid food security card with a number on her/her spouse name/his name (in case of widowiwidower/Physically challenged) and that the house will be sanctioned in the name of housewife of the family and that the houseless famities and for families living presently in huts, katcha houses or in tented houses'

7. It is further submitted that SC/S'l/Minorities caste composition to be adhered in the selection of beneficiaries in each Assembly Constituency and the overall composition that shall be maintained for the district as a whole was also mentioned in the said ,i . KL,J W.P.No.26633 of 2023 4 G.Os. An extent of Ac.9.20 guntas of Govemment land in Sy.No.13 1 and Ac.l2-08 guntas in Sy.No.602 of Mankhal Village, identified by the District Collector, Ranga Reddy District, for phase_I and phase_Il of Mankhal Village and handed over to GIIIVC, for construction of 2 BHK houses. GHMC has taken up the construction of 2 BHK houses and completed the same. The selection of beneficiaries will be done by respective Tahsildars under their jurisdiction. Moreover, scrutiny will be done by the respective collectors. In case of benehciaries pertain to city of Hyderabad was scrutinized by the District collector, Hyderabad. As per clause 5 of G.O.Ms.No.3 dated: 6_ll_2020, lO% of 2 BHK houses or 1000 units whichever is less per Assembly Constituency to be reserved to local beneficiaries, wherever works are taken up outside GHMC limits. The 2 BHK houses were a[otted by the Commissioner, GHMC, Hyderabad as per the norms given in the above G.Os.

8. In GHMC area, the concemed District Collectors and Commissioner, GHMC shall jointly finalize the selection of beneficiaries as per the guidelines issued in G.O.Ms.No.12, Dated: 26-11-2015 of Housing Department. The petitioners are not GHMC area beneficiaries covered under 2BHK Housing Scheme of GHMC. KL,J W.P.No.26633 of 2023 ' 5 They are only eligible under local quota of 10Yo as per the guidelines issued by the Govemment vide G'O'Ms'No'3' dated 06-11-2020 of Housing Deparlment. The petitioners who are residents of outside GHMC onty eligible lor houses reserved under local quota under 2BHK Housing Scheme of GHMC in addition to the 2BHK Houses constructed in Ranga Reddy District under 2BHK rural programme by the District Collector, Rang Reddy District' The allotment of houses to the eligible beneficiaries under local quota is the responsibitiry of 3'd respondent and the list of 285 houses (Block nos' t'iat nos' etc'') was forwarded to 3'd respondent who allotted a total ol 270 houses to the local beneficiaries as per the eligibility and guidetines under 2BHK Housing scheme through computerized randomization and balance 15 houses are to be allotted.

9. There is no irregularity or illegality committed by the respondents in allotting the said houses and displaying the list of benefi ciaries dated 02.09.2023'

10. 3'd respondent has filed additional counter affidavit fuinishing the details of the total number of 2BHK houses allotted by 3'd respondent in Ibrahimpatnam, Maheshwaram, Rajendranagar and : i I i KL,J W.P.No.26633 of 2023 6 chevella constituencies incruding constituency wise 2BHK houses. Counter filed by 5th respondent is in the same lines.

11. 7ft respondent is claiming that she is the beneficiary of the said scheme. Her name is there in the said list; daied 02.09.2023.

12. Thre aforesaid rival submissions would reveal that the Govemment has announced a scheme called 2BHK Housing Programme. The Govemment has issued the subject G.O., for effective implementation of the said scheme in a phased manner by the District Collector and Commissioner, GHMC. The said G.O. has also prescribed eligibility criteria for getring 2BHK and the same is extracted below:- ELELIGIBILITY CRITERIA FOR SELECTIONOF BENEFICIARIES:- a. Beneficiary family should be a BpL family having a valid Food Security Card with physicalty challenged.). b. House will be sanctioned in the name of house wife of the family. c. I{ouseless Families and families living presently in Huts, Katcha houses or in Rented houses. d. The following SC/STMinorities caste composition (of available eligible SC/ST/Minorities) shall be adhered to in selection of beneficiaries in each Assembly Constituency and KL,J W.P.No.26633 of 2023 7 the overall colnposition shall be maintained for the district as a whole. Rural: SC/ST-50% Minoritics-7% and balance tbr others. Urban: SC-17%,S't-6%o, Minorities'12%o and balancc lor others. (The percentages indicated are minimum and can exceed to the extent required wherever such a scenario arises). II. SELI]CTION OF GPSruLBS AND SANCTION OF 2 BED ROOM IIOUSES:- a. District Minister and MLA of the respective Assembly Constituenoy shall sanction 2 Bed Room Flouses in 50:50 ratio and furnish the list ol eligible beneficiaries as per cligibility criteria along with the Gramapanchayats, I lrban Local Bodies in which the programme is to be implemented to the District Collector/Commissioner, Greater Hyderabad Muncipal Corporation. The number of houses sanctioned shall not be more than the sanctions given to each Constitueucy. b. The eligibility ol beneficiaries in the list shall be vcrified by the Tahasildar of the Mandal and by the Offlcial designated by Commissioner, Greater Hyderabad Muncipal Corporation in Greater Hyderabad Muncipal Corporation area and place it before Gramasabha/Wardsabha. c. Grmasabha/Wardsabha will veriff the eligibility of benehciary families in the list placed before it based on cligibility criteria and Socio Economic Caste c. Census (SECC) data and forward the list to the District I ; i I t I I I I i I I , I I I I W.P No.26633 of 2023 8 Collector/Commissioner Greater Hyderabad Muncipal Corporation. d. District Collector/Co mmlsstoner, Greater Hyderabad Muncipal Corporation will get the list submitted by the Tahasildar/designated officials of Greziter I lyderabad Muncipal corporation super checked by senior orficials of the District Administrarion /CIJMC. c. In case of Urban areas, guidelines issued under ,,Housing for All" by GOL shall be followed wherever funds are dovetailed with ,'I-lousing for All scheme funds.

13. Thereafter, Government has issued certain amendments to the said guidelines vide G.O.Ms.No.l2, dated 26.t1.2015. The said amendments are relevant and the same are extracted below:_ FOR READ AS II. SELECTION OF GPS/ ULBS AND SANCTION OF 2 BED ROOM HOUSES:- a District Minister and MLA of the respective Assemblv Constituency shall sanctioir 2 Bed Room Houses in 50:50 ratio and fumish the list of eligible beneficiaries as per eligibility criteria along with Gramapanchayats, Urban Local Bodies in which the programme is to be implemented to thc District Collector/Commi SS ioner, II. SELECTION OF GRAMPANCHAYATS/WARDS AND SELECTION OF BENEIiECIARIES: a A District Level Cornmittee will be constituted with the MLAs of the District under the Chairmanship of the Minister ol the District, and the District Collector will be the convener of Comminee for the purpose ol implementation ol 2 Bed Room Housing programme. F I 9 Irlyderabad Greater Municipal CorPoration' Thc houses number shall not be sanctioned the sanctions more than given to each ConstituencY' b. 'lhe eligibilitY of beneficiaries in the list shall be verified bY the -fahasildar of the Mandal and bY the Official dcsignated bY Commissioner, Grcater Hydcrabad MuniciPal CorPoration in Greater Hyderabad MuniciPal CorPoration area and Place it before Gramasabha'/ Wardsabha. c Grmasabha./Wardsabha will verilv the eligibilitY of beneficiarY families in the Iist placed beforc it based on eligibility criteria and Socio Economic Caste c' Census (SECC) data and forward the list to the District Collcctor/ Colnmi- ssioner Greater HYderabad Municipal CorPoration. d. District Collector/ Commissioner, Greatcr Hyderabad MuniciPal Corporation will get the list submittcd bY Tahasildari designated officials ol Greater Hyderabad MuniciPal r checked Corporation su KL,J W.P.No.26633 of 2023 b The Committee wi1[ finalize G.PsAlLBs (Wards) and number of houses allotted to G.PsAJLBS (Wards) for AssemblY ConstituencY, rt'here 2 Bed Room Housing Programme will be imPlemented' The number of houses allotted shall not be morc than the sanctions given to each ConstituencY' The minimum caste comPosition lor SC/ST and Minorities wilt be decided for each GPruI-B (Ward) bY tl.rc Committee' Overall caste composttlon tn allotment of houses shall be maintained for the district as a wholc. c. The District Collector wi[[ Dreoare thc schedulc to CPs/ ilr-'er calling applications artd conducting Crama Sabhas/Ward Sabhas for making PreliminarY scrutiny of aPPlications as oer the eligibilitY criteria lor ,llotr.nt ol' houscs undcr 2 Bed Room Housing programme. d. Preliminary scrutinized eligible list of the aPPlicants will be fot'warded to the Tahsildar of that Mandal for the thorough verification' Tahsildar after veriltcation will submit the eligible list of applicants to the District Collector. l0 y senior officials of the b District Administra- tion/GHMC. e. In case of Urban areas. guidelines issued under "Housing for All,, by GOL shall be followed wherever funds are dovetailed with "Housing for All scheme funds. KL,J W.P.No.26633 of 2023 As per the schedule given by the Districr Colleclor, the list finalized by the Tahsildar will .be again placed in the Grama Sabha/Ward Sabha for c.onduct of drawal of lots to select beneficiaries lor sanction of 2 Bed Room Houses. The drawal of lots will be done as per caste composition given by the District Collector for that particular G.P/ULB (Ward). f. The list finalized by drawl of lots for each GpAJt_B (Ward) wilt be placed beforc the District Level Cornmittee for approval and after approval thc District Collector will issue sanction orders. g. If any cornplaints are received on the selection process such complaints will be enquircd by the District level officer nominated by the District Collector and findings wil be placed before the Committee and thc orders passed by the Committee shall be final. h. In case of Urban areas, guidelines issued under "Housing for All" by GOI shall be followed rvherever funds are dovetailed with "Housing for All,, scheme funds. :I w KL,J W.P.No.26633 of 2023 11

14. In continuation of the said guidelines' vide G'O'Ms'No'3' dated 06.1 l.2O2O, Government has issued additional guidelines for implementation of 2BHK Housing Programme in GHMC area' The same are also relevant and are extracted below:-

1. The overall caste composition shall be follorved in selection of beneticiaries as mentioned in the G'O'Ms'No'10' dt. t5.10.2015 of l{ousing Department' considering GHMC area as one unit'

2. In GHMC area' the concerned District Collectors and Cotntnissioner, GttMC shall jointly finalize the selection of bcncticiaries as per the guidetincs lssued in G'O Ms'No'i2' d1.26.11.2015 of Housing Department' Further' the verification of applications received for allotment of 2BIIK shall be cross-verified with the available data of beneficiaries and ensuro that: > the applicant name should be available in the 2018 AssemblY Voter List' > 'fhe AADHAAR Card address must be within the GHMC lirnits. > The appticant should have a valid Food Security card in L the GHMC timits. > The applicant should have a valid address proof ln GHMC ,, KL,J W.P.No.26633 of 2023 12

3. To exolude applicants who have benefitted (allotted) under previous housing schemes namely Rural Housing, Urban Housing, INDIRAMMA, JnNURM, IHSDP, VAMIIAY, RGK etc., in the Statc, duly taking thc help of Telangana State Technology Services (TSTS).

4. Further, the applicants benehtted under G.O. 5g, dt: 30-12_ 2014 &. G.O. 59, dt: 30-12-2014 of Revenue Department arc also to be excluded, duty taking the help of TSTS.

5. To reserve' l|Yo 'or, 1000 Units whichever is lcss per Assembly Constituency to local beneficiaries, wherevcr works are taken up outside GHMC limits.

6. The respective District Collectors to select beneficiaries from each of the Constituencies from the available data, including existing In-situ slum dwellers vacated lor taking up 2BHK works.

7. The Guidelines of I,MAy-HFA (U) shall bc followed and the beneficiary particulars required as per Form-4g of pMAy_ HFA (U) shall be obtained from the selected beneficiaries. 8. 'lhe conccmed District Collectors shall [inalize the selection ol beneficiaries for the houses reserved under local quota of the respective Assembly constituency for the beneficiaries outside GHMC limits. 9. The District Collectors shall allocate houses to the beneficiaries (Housing Colony, Block Number, Floor & flat Number) to the extent of units taken up within the Constituency and balance shall be forwarded to thc sector in- , KL,J W.P.No.26633 of 2023 13 charge as per the mapping lndicated by the Commtssloner' GHMC. 10. The Sector in-charge / District Collector shall allocate the units to all lhc beneficiaries from different constituencies as per the mapping Indicated by the Commissioner' GHMC' 15. lt is apt to note that on consideration of the said submissions, on coming to conclusion that there is violation of the said guidelines issued by the Government allotting 2BHK houses vide list dated O2.Og.2023,vide order dated 25'09'2023' this Court directed respondent Nos.2 to 5 to har.rd over physical possession of the 2 BHK houses to the residents of GHMC areas as shown in the list issued by 3'd respondent dated 02'09'2023 in the 2 BHK dignity housing colony constnrcted in Mankhal Vitlage' Maheshwaram Mandal' As per the subject G.O., the respondents have to adhere to the selection of beneficiaries in each Assembly constituency and the overall composition shall be maintained for the district as a whole i'e Rural: SC/ST-50%, Minorities -TYo atdbalance for others; Urban: SC-17o%' ST-6% , Minorities -l2Yo and balance for others'

16. Vide the subject G'O'' it is also mentioned that the number of houses sanctioned shall not be more than the sanction given to each Constituency. The District Minister and MLA of the respective ,E t i W.P.No.26633 of 2023 l4 Assembly Constituency shall sanction 2 BHK in 50:50 ratio and fumish the list of eligible beneficiaries as per eligibility criteria along with the Grampanchayats, urban Locar Bodies in which the programme is to be implemented by the Dish.ict Collector/ Commissioner, GHMC. The eligibility of beneficiaries in the list shall be verified by the Tahsidlar of the Mandal and by the official designated by Commissioner, GHMC in GHMC area and place it before Gramsabha /wardsabha. Gramsabha./wardsabha wilr verif, the eligibility of beneficiary families in the list placed before it based on eligibility criteria and Socio Economic caste census ('ECC) data and forward the list to the District Collector/Commissioner GHMC, who will get the list submitted by the Tahsildar/designated officials of GI-IMC, super-checked by senior officials of the District Administration/GHMc.

17. It is also relevant to note that Section 2 (16) of the Telangana Panchayat Raj Act, 201g deals with gram sabha and the same is extracted below:_

2. In this Act, unless the context otherwise requires:_ (16) "Gram Sabha" means the Gram Sabha which comes into existence under section 6; k i KL,J W.P.No.26633 of 2023 15

18. Vide G'O Ms'No'i2 ' dated26'17'2015' the Government has issued amended guidelines for implementation for the said scheme in the manner stated above' Government has also issued additional guidelines for implementation of the 2BHK Housing Programme in GHMC area vide G'O'Ms'No'3' dated 06'1 l'2020'

19. As per the said additional guidelines' govemment shall reserve 10%o or I 000 units whichever is less for Assembly Constituency to local beneficiaries wherever wot'ks are taken up outside GHMC limits' The respective District Collectors shall select beneficiaries from each of the constituencies from available data including existing In-situ slum dwellers vacated for taking up 2BHK works. The concemed District Collector shall finatize selection of beneficiaries for the houses reserved under local quota of the respective Assembly Constituency for the beneficiaries outside GI-Il\4C limits' The District Collector shatl allocate houses to the beneficiaries (housing Colony' Block Number' Floor & FLat Number) to the extent of units taken up within the constituency and balance shall be forwarded to the sector in-charge as per the mapping indicated by the Commissioner' GHMC' The Sector in - charge i District Collector shall allocate the units to all the beneficiaries from -! i- KL,J W.P.No.26633 of 2023 16 different constituencies as per the mapping indicated by the Commissioner, GHMC.

20. There is no dispute that Ac.9-20 guntas of govemment land in Sy.No. 131 and Ac.12.08 guntas of land in Sy.No.602 of Mankhal Village, Maheshwaram Mandal, Ranga Reddy District has been acquired by the 3'd respondent for construction of 2 BHK Housing Complex in Phase-1 and phase -2 in the year 2016 and handed over to GHMC for construction of 2BHK houses. GHMC has taken up the construction of 2 BHI( and cornpleted the sarne.

21. All the 14 petitioners are residents of Mankhal Village, Maheshwaram Mandal, Ranga Reddy District, which is within the 7th respondent-Municipality. It will fall under Maheshwaram constituency in which the total number of houses sanctioned are 400 of which the administrative sanction accorded by the District Collector is for 392 houses in 7 locations. However, the number of houses taken up for construction is 192 in two locations. Out of the said 192 houses taken up for construction, 1 12 are inprogress and g0 houses were completed. After selection of the beneficiaries by the Tahsildar, the said completed 80 houses have been handed over to the u I 1 I KL,J W.P.No.26633 of 2023 17 benehciaries by the ofhce of the District Collector' Ranga Reddy District.

22. Ls perthe G O'Ms'No'3' dated 06'11'2020' 10% or 1000 Units whichever is less for Assembly Constituency have to be reserved to the local beneficiaries wherever works are taken up outside GHMC iimits' Perusal of the list dated 02'09'2023 filed by 3'd respondent would reveal that respondents have not followed the guidelines issued by the Government vide subject G'O'' G'ONo'12' itated 26.11.2015, and G O'No'3' dated 06'l l'2021' The said ratio is not maintained' the list contains the total number of 2BHK houses allotted by 3'd respondent to four constituencies i'e' lbrahimpatnam' Maheshwaram, Rajendranagar and Chevelta' The same is in violation of the said guidelines' 23'LeamedAdvocateGeneralplacingrelianceontheprinciple laid down by the Apex Court in M/S Master Marine Services Pvt' Ltd vs Metcalfe & Ilodgkinson Pvt' Ltd'r would contend that the Court should always keep the larger public interest in mind in order to decide whether its intervention is called for or not' Only '(2005) 6 SCC 138 W.P.No.26633 of 2023 KI, l8 when it comes to a conclusion that overwhelming public interest requires interference, the Court should interfere.

24.It is relevant to note that when the action of govemment or its instrumentalities is arbitrary and in violation of their own guidelines, Court can certainly interfere by invoking its inherent power under Artrcle 226 of the Constitution of India,

25. In Sher Singh vs. Union of India2, the Supreme Court held as follows:- "7.. .......As a matter of fact, the Courts would be slow in interfering with matters of government policy except where it is shown that the decision is unfair, mala fide or contrarv to any stafutory directions.......,, 26. In Akhil Bharita Upbhokta Congrcss vs. State of Madhya Pradesh3, the Supreme Court also held as lbllows:_ "65........Every action/decision of the State and /or its agencies/instrumentalities Lo give largesse or conlcr benefit must be founded on a sound, transparent, discernible and well -defined policy.......', 27. As discussed supra, perusal of the list dated 02.09.2023 would clearly reveal that the respondents violated their own guidelines issued vide the subject G.O. and other G.Os. The entire ,(1995)6sccsls I (zot t) 5 scc 29 i : , I I I i I r I I i I KL,J W.P.No-26633 of 2023 19 actton ofthe respondents is contrary and in violation of the aforesaid three G.Os. Therefbre' list dated 02'09'7023 displayed by 3'd respondent is liable to be set aside'

28. The respondents are directed to follow the guidelines issued by the Government vide the aforesaid 3 G'Os'' while implementation of 2 BHK llousing Programme' If the petitioners are lound eligible as per the said guidelines' they shall allot 2BHK I{ouses to the pelitioners and other applicants"

29. Accordingly' this Wirt Petition is allowed The tist oi beneficiaries dated 02'09'2023 issued by the 3'd respondent is set aside. If the petitioners are found eligible as per the guidelines in the three G.Os. i.e. G'O'Ms No'10' dated 15'10'2015' G'O'Ms'No 3' dated 06.11.2020 and G'O'Ms'No'12' dated 26'11 '2025' they shall allot 2 Br IK Houses to the petitioners and other appricants within a period of three months frorn the date of receipt of a copy ofthe order' As a sequel,, the miscellaneous petitions' if any' pending in the Writ Petition shall stand closed' /ffRUE GOPYI/ ":Sl.ttl,?iH[ts?HXt secr$N brrrcen I 1 To llii"m"'*i;[flf{?#':'i::]:"J::':"":"::;ff ff :::li::il:- I

3. The District Collector : #H[tl*.f", "#.#lll;i,{sli'l; :}fil:iffiil ::::,., [t',?,,U1,"J;x,i5itHrfi #:!::ll]#.prjr"l; \ :it'{.i#.:1iT,:r:?Tf 7. Two CC to Advocate ( a Hydel*ad. (ouT) 3eneral, High court for the state of Telangana at ,^fr F*EfiliiiEffi'$f0#fl HWH$#1r.",:H,*E::::, GJP F I i: i I I i t i l I t I t 1 ,r I ....-, ,.: .., \. a.r' :i rA [ 1 l]EP 2[25 t f, I t HIGH COURT DATED:0910612025 ORDER WP.No.26633 of 2O23 ALLOWING THE W.P WITHOUT COSTS. 0t t\L(