THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.19735 of 2020

ORDER

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 beneficiaries 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, 21 and 300-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 of justice

2. Heard learned counsel representing learned counsel for the petitioners and Sri Rakesh Kumar, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 3.

3. Learned counsel appearing on behalf of learned counsel for the petitioner would submit that the petitioners are landless poor people and in accordance with the scheme introduced by the official respondents for allotment of double bedroom houses to the houseless poor people, the petitioner have made an application to respondent No.3. Respondent No.3 without considering the names of the petitioners, included the names of those who are not eligible under the scheme. Learned counsel for the petitioner would rely upon the Aadhar cards of the petitioners and submit that the Aadhar cards are clearly demonstrate that the petitioners are comes under the below poverty line.

4. It is further submitted that after knowing the illegal action of the respondents, the petitioners approached the respondents, but the respondents are not responded to them. It is in clear violation of the guidelines as per the G.O.Ms.No.12, 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 the welfare scheme of the Government. Hence, seeks indulgence of this Court to allot double bed room houses to the petitioners.

5. On the other hand, by filing counter affidavit, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 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. Ziyaguda, 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 localities of Asifnagar Mandal jurisdiction, hence their names could not be included in the SES list for allotment of double bed room housing scheme. Therefore, he seeks to dismiss this writ petition.

6. Having heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue this Court does not find any reason or ground to grant relief to the petitioners. However, it is needless to mention that the petitioners are at liberty to approach the official respondents as and when new construction of double bed room housing scheme is undertaken in their locality and upon such approach, the official respondents shall examine the same and pass appropriate orders in accordance with law.

7. With the above observations, this writ petition is disposed of. There