Administrative authorities are mandated to consider representations made by persons with benchmark disabilities for land allotment under the Rights of Persons with Disabilities Act, 2016, in accordance with the law and the principles of natural justice, including the right to a personal hearing.

:: ORDER ::

Heard Sri Aadi Shiva Naidu, learned counsel representing Smt. Krishnamoni Swathi, learned counsel appearing on behalf of the petitioner on record; learned Assistant Government Pleader for General Administration Department appearing on behalf of respondent No.1.

2. The petitioner approached the Court seeking prayer as under:

“…to issue the directions to the respondents under this Writ Petition filed under the writ of mandamus against the action of respondent No.4 in non-considering the representation dated 04.09.2025 of the petitioner and not allotting the land on concessional rate for the purpose of setting up of occupation, business, enterprise and production centers is the violation of the Section 37 (c) of the rights of persons with disabilities act 2016 and in violation of principles of natural justice and also in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and to pass...”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:

(i) The petitioner is orthopedically handicapped due to a partial disability of the left leg caused by polio, constituting a benchmark disability. The petitioner has attached his Unique Disability ID (UDID), issued by the Government of India vide ID No.TG5090520650515123 dated 28.08.2025, for the kind perusal of this Court.

(ii) The petitioner seeks allotment of Ac.0.30 guntas of land in Hyderabad District. The land, abutting a road suitable for vehicular traffic, is intended for establishing a petrol pump, supermarket, mall, or other employment-generating business. This request is made under the Rights of Persons with Disabilities Act, 2016 (RPWD Act), specifically Chapter VI, Clause 37, relating to benchmark disabilities, and includes a claim for concessions with 5% reservation of the required space.

(iii) The petitioner submitted a representation dated 04.09.2025 to the District Collector, Hyderabad District, seeking allotment of Ac.0.30 guntas of government land for the aforesaid purposes. Despite multiple representations, the respondents have not responded or taken any action. Aggrieved by the same, the petitioner has approached this court by filing the present Writ Petition.

4. PERUSED THE RECORD :

DISCUSSION AND CONCLUSION :-

5. Learned counsel appearing on behalf of the petitioner mainly puts-forth the following submissions :-

a) The action of the respondents in failing to consider the petitioner’s representation dated 04.09.2025, and in not allotting land at a concessional rate for the purpose of establishing occupation, business, enterprise, and production centres, is in clear violation of Section 37(c) of the Rights of Persons with Disabilities Act, 2016.

b) The petitioner’s request for allotment of Ac. 0.30 guntas of land for the purpose of establishing a petrol pump, supermarket, mall, or any other public utility facility under the provisions of the Rights of Persons with Disabilities Act, 2016, cannot be ignored. The petitioner is orthopedically disabled, having suffered partial physical disability in the left leg due to polio, which constitutes a benchmark disability.

c) The petitioner has annexed his Unique Disability ID (UDID), issued by the Government of India bearing ID No.TG5090520650515123, dated 28.08.2025, which clearly evidences the petitioner’s disability, and the same has been filed as a material document in support of the present writ petition. However, respondent No.4 has failed to take the same into consideration. The petitioner is entitled to have hi