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I N THE HI GH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.33817 OF 2025

DATED : 02.03.2026

Betw een:

N.Jagadeeshwar Rao,

S/o. Sathyanarayana Rao. … Petitioner

AND

The State of Telangana,

Rep., by its Chief Secretary,

Dr. B.R.Ambedkar Telangana State,

Secretariat, Hyderabad and 3 others. …Respondents

:: ORDER ::

Heard Sri Aadi Shiva Naidu, learned counsel

representing Smt. Krishnamoni Sw athi, learned counsel

appearing on behalf of the petitioner on record; learned

Assistant Government Pleader for Social Welfare

Department appearing on behalf of respondents.

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

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dated 08.10.2025 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 w rit 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.

(ii) The petitioner seeks allotment of Ac.0.30 guntas of land

in Hyderabad District. The land, which faces a road suitable

for vehicular traffic, is intended for establishing a petrol pump,

supermarket, mall, or other employment-generating business.

(iii) The petitioner submitted a representation

dated 08.10.2025 to the District Collector, Hyderabad District,

seeking allotment of Ac.0.30 guntas of government land for

the aforesaid purposes. The petitioner had made this request

under the provisions of the Rights of Persons with Disabilities

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Act, 2016 (RPWD Act), specifically Chapter VI, Clause 37,

relating to special benchmark disabilities, including a claim for

concessions with 5% reservation of the required space for the

business.

(iv) Despite multiple representations, the respondents had

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 :

DI SCUSSI ON AND CONCLUSI ON :-

5. Learned counsel appearing on behalf of the

petitioner mainly puts-forth the follow ing submissions:-

a) The action of the respondents in failing to consider

the petitioner’s representation dated 08.10.2025, and in not

allotting land at a concessional rate for the purpose of

establishing business, enterprise, and production centres, is in

clear violation of Section 37(c) of the Rights of Persons with

Disabilities Act, 2016.

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SN, J

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 had 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 had been

filed as a material document in support of the present writ

petition. However, respondent No.4 had failed to take the

same into consideration.

d) The petitioner is entitled to have the petitioner’s

request considered in accordance with the provisions of the

Rights of Persons with Disabilities Act, 2016, particularly

Chapter VI, Section 37, which provides