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2025 Supreme(Telangana) 132
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
Mrs. AinalaLaxshmamma - Appellant
Versus
The State of Telangana - Respondent
Writ Petition No.26633 Of 2023
Decided On : 09-06-2025
Advocate Appeared:
For the Appellant : BANDAR MANAV KUMAR
For the Respondent:THE ADVOCATE GENERAL
The court can intervene if government actions violate established guidelines; a beneficiary selection must adhere to prescribed eligibility criteria.
Headnote:(A) G.O.Ms. No.10 dated 15-10-2015; G.O.Ms.No.3 dated 06.11.2020 - Housing Program - The court addressed the legality of the beneficiary list for 2 BHK houses, claiming it violated the guidelines established. The petitioners, residents of Mankhal Village, sought to declare the list issued on 02.09.2023 illegal due to failing to follow selection criteria. (Paras 4, 16)
(B) Public Interest - Courts have the authority to intervene when government actions are arbitrary and violate established guidelines or laws. (Paras 24, 25)
Facts of the case:
The petitioners, 14 in number, are local residents who applied for 2 BHK houses under the government's housing policy, but a list of beneficiaries was released favoring residents outside their area.
Findings of Court:
The selection process for beneficiaries violated the government directives, necessitating the reassessment of eligible locals.
Issues: The main issues were the legitimacy of the beneficiary list dated 02.09.2023 and adherence to selection guidelines outlined in various G.Os.
Ratio Decidendi: The Court found that the respondents acted contrary to their guidelines and thus directed a fresh assessment of beneficiaries based on the correct eligibility criteria.
Result: The list dated 02.09.2023 was set aside, and the respondents were instructed to allot houses according to established guidelines.
| Table of Content |
|---|
| 1. background on housing scheme and petitioners’ eligibility. (Para 2 , 3 , 20) |
| 2. petitioners challenge the beneficiary list as illegal. (Para 4 , 5 , 6 , 8) |
| 3. court's observations on procedural compliance. (Para 9 , 10 , 12 , 15) |
| 4. court's observations on adherence to government guidelines. (Para 19) |
| 5. court emphasizes adherence to guidelines in public interest. (Para 23 , 25 , 26) |
| 6. judicial principles regarding government discretion and policy adherence. (Para 24) |
| 7. court's conclusion to allot houses under guidelines. (Para 28 , 29) |
ORDER :
K. LAKSHMAN, J.
Heard Sri B. Mayur Reddy, learned Senior Counsel representing Sri Bandar Manav Kumar, learned counsel for the petitioners, learned Advocate General appearing for respondent Nos.1 to 3, 5 and 6, Sri G.Madhusudhan Reddy, learned Standing Counsel appearing for respondent No.4 and Sri Ch.Shiva Kumar, learned counsel appearing for respondent No.2
2. The petitioners are 14 in number. They are residents of Mankhal Village, Maheshwaram Mandal, presently it is in 6th respondent Municipality. With an intention to provide two bedroom houses (for short, 2BHK) to houseless poor families in the State, Government of Telangana, has designed a policy and issued guidelines vide G.O.Ms. No.10, dated 15-10-2015 (for short, subject G.O.’) for implementation of two bedroom housing program. Pursuant to the subject G.O, land admeasuring to an extent of Ac. 09.20 guntas in Sy. No. 131 and Ac.12-08 guntas in Sy. No. 602, has been acquired by 3rd respondent from pattedars, in the year 2016, for the purpose of constructing two bedroom housing complex consisting of nearly 2700 flats in Mankhal Village, and the construction of the said housing complex has been completed in the year 2017.
3. As per the subject G.O., the petitioners are eligible for allotment of 2 BHK houses. They have submitted applications seeking allotment of two bed room houses.
4. It is contended by the petitioners that they were waiting for allotment of houses. 3rd respondent has released list of beneficiaries on 02.09.2023. He has announced nearly 1730 families, who are all residents of Hyderabad which falls within the limits of GHMC areas such as Malakpet, Yakutpura, Charminar and Chandrayangutta. The said allotment is prior to the subject G.O. Therefore, the petitioners sought to declare the said list as illegal and for consequential direction to allot houses to the petitioners and other applicants who are local residents of 6th 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 framed and also guidelines were issued by the government vide subject G.O. to the residents of Hyderabad who fall within the limits of GHMC areas in Two Bedroom Housing Complex, constructed in Mankhal Village. 3rd respondent has issued beneficiaries list dated 02.09.2023 strictly in accordance with the said guidelines.
6. It is further contended that the Government has issued subject G.O. for effective implementation of Two Bedroom Housing Complex in a phased manner by the District Collector and Commissioner, GHMC Hyderabad. Certain additional guidelines for implementation of Two Bedroom Housing Programme in GHMC areas were issued vide G.O.Ms.No.3, dated 06.11.2020. The guidelines 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 below poverty line family having a valid food security card with a number on her/her spouse name/his name (in case of widow/widower/Physically challenged) and that the house will be sanctioned in the name of housewife of the family and that the houseless families and for families living presently in huts, katcha houses or in tented houses.
7. It is further submitted that SC/ST/Minorities caste composition to be adhered in the selecti
