The government has discretionary power to implement housing schemes through committees without infringing on local governance under the Telangana Panchayat Raj Act.

COMMON ORDER:

Since the grievance agitated in both the Writ Petitions is one and the same, with the consent of learned counsel for both the parties, they are taken up for final disposal. For convenience sake, facts in Writ Petition No. 29689 of 2024 are taken up for consideration.

2. Petitioners challenge G.O.Ms.No.33, dated 11.10.2024 issued by the 1 st respondent - Government of Telangana for constituting “INDIRAMMA Committees” at Gram Panchayat level and Municipal Ward Level for implementing the beneficial scheme of INDIRAMMA INDLU Programme, without reference to Gram Sabhas and Ward Committees, as illegal, arbitrary, un-constitutional and against the provisions of the Telangana Panchayat Raj Act , 2018 and Telangana Municipalities Act , 2019 apart from being violative of Articles 14, 21, 39 and 243 of the Constitution of India.

3. Submissions of Petitioner: Petitioner No.1 is native of Kothapally, Velpoor, Kolipaka, Nizamabad, and he served as Sarpanch of Kothapally Gram Panchayat from Feb 2 (2019 to 2024). As a member of Scheduled Caste community and economically weaker section, he had been deeply committed to the upliftment and welfare of marginalized communities in the village and his focus has been on ensuring that the most vulnerable sections of society receive necessary support, resources, and opportunities to improve their living conditions. It is stated that during his tenure as Sarpanch, he had taken lead in implementing various government welfare schemes, ensuring that incentives and benefits reach those who need them most. These initiatives have included securing access to affordable housing, clean drinking water, sanitation and education for economically disadvantaged families. He further states that under his leadership, the Gram Panchayat has made significant progress in improving the village’s infrastructure and overall quality of life. It is further stated that in recognition of his efforts, he was honoured with the prestigious Deen Dayal Upadhyay Panchayat Vikas Puraskar for exemplary work in two categories: Water-Sufficient Theme, where Gram Panchayat implemented sustainable water management practices to combat water scarcity, and Poverty- Free Theme, where he spearheaded initiatives aimed at reducing poverty through self-sustaining employment and livelihood programs.

It is further stated that Petitioner No. 2 is a permanent resident of Pachalandukud Village, Velpur Mandal, Nizamabad District. He belongs to a Below Poverty Line (BPL) family and Schedule Caste (Madiga) Community and is financially-disadvantaged. Due to his impoverished condition, he is homeless and does not possess any permanent or stable shelter. He is working as agricultural labour to sustain himself and his family. Initially, the then Government of Telangana proposed to implement 2 Bed Room Housing Programme in the State and accordingly, had issued GO MS No. 10, Housing (RH&C-A1) Department, dated 15.10.2015 in a phased manner by the District Collectors and Commissioner, GHMC. Thereafter, certain guidelines were issued for implementation of 2 Bed Room Housing Programme. Further the 2 nd respondent - Telangana State Housing Corporation Limited requested for issuing necessary amendment to GO MS No. 10, dated 15.10.2015 regarding operational guidelines issued on selection of beneficiaries to implement the said programme. Accordingly, the 1 st respondent amended and issued GO MS. No. 12, Housing (RH&C-Al) Department, dated 26.11.2015. Amendments carried out in Para II of GO MS No. 12 speaks about selection of Gram Panchayats/Wards and selection of beneficiaries. It is further stated that the 1 st respondent had issued G.O.Ms.No. 7 Transport, Roads and Buildings (RH&C. Al) Department dated 09.03.2024 for commencement of New Housing Scheme for construction of houses to the houseless poor families named as “INDIRAMMA INDLU”. In the said GO., under Clause VI, Rules stipulate that i) verification for eligibility will be done by the teams con