HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.26633 OF 2023

ORDER

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 6^th 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 3^rd 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. 3^rd 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 6^th 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. 3^rd 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 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 G.Os. An extent of Ac.9.20 guntas of Government land in Sy.No.131 and Ac.12-08 guntas in Sy.No.602 of Mankhal Village, identified by the District Collector, Ranga Reddy District, for Phase-I and Phase-II of Mankhal Village and handed over to GHMC, for construction of 2 BHK houses. GHMC has taken up the construction of 2 BHK houses and completed