Kanithi Nagendra v. The State of Telangana
Court: High Court for State of Telangana
Bench: LAXMI NARAYANA ALISHETTY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-02-20. Kanithi Nagendra v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 3383 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTTCE LAXMI NARAYANA ALISHETTY WRIT PETITION NO: 5318 OF 2026 Between: 1. Kanithi Nagendra, w/o Venkatapathi Aged about. 4g yrs, occ. Daily wage Worker R/o 1 5-1-1141A2, Bhagavandas Colony, Bhadrachalam, Bhadradri Kothagudem District Telangana State 2. Thati Anjali, w/o Venkatesh Aged about. 45 yrs, occ. Daily wage worker R/o AMc colony, Bhadrachalam, Bhadradri Kothagudem District ... PETITIONERS AND 1. The State of relangana, Rep by its principal secretary, Housing (RH & c. A1) Department DR BR Ambedkar Telangana Secretariat Buildings, Saifabad, Hyderabad 2. The District Collector and District Magistrate, Convenor of Double Bedroom Scheme District Level Committee Bhadradri Kothagudem District Kothagudem 3.
The Tahsildar, Bhadrachalam 4- The Bhadrachalam Grampanchayat, Rep by its panchayat secretary/ Executive officer Bhadrachalam, Bhadradri Kothagudem Distriit ... RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent Tahsildar in not allotting the double bed room houses to the petitioners basing on the proceedings RC. No C112412023 dated 0210612023 by showing the petitioners names in the said list Seriat Nos 73 and 93 keep on pending the said list and without handing over the double bed room houses to the petitioners prepared the new list by the 3rd respondent .. n. -.
,r: 'r;tflf,*l*" without showing the names of the petitioners allotted the said houses to some other persons without informing the same to the petitioners by the 3rd respondent and without conductinrl the grama sabha and PESA Rutes prepared the new list is highly illegal arbitrary and against the principles of natural justice and also viotative of the Articles 14' 19' 21 and 3004 of constitution of lndia and consequen,rv 0n". ,1r," ,ro respondent to handover the double bed room houses to the petitioners immediately as per the final lis;t prepared by the 3rd respondent vide Rc No c1124t2023 dated 0510612023 in the interest of justice. l. A. NO: 1 OF 202t!
Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in sullport of the petition, the High court may be pteased to direct the 3rd respondent to handover the double bed room houses to the petitioners immediatery as [)er the finar rist prepared by the 3rd respondent vide Rc'No'c/12412023 osloot2o23, pending disposar 'Jated of the main writ petition. Counsel for the pe,titioner: SRI GADDAM RAMU Counsel for the Respondent No. 1: Gp FOR HOUSING Gounser for the Respondent No-2 & 3: AGp FoR REVENUE COUNSEI fOr thE RESPONdENT NO. 4: SRI K. PRADEEP REDDY, SC FOR GRAM PANCHAYAT The Court made the foltowing: ORDER i i i : a : i I 1 t i I i I I I *i IN THE HIGH coURT FoR iTTp STA. TE oF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No. 5318 of 2o. 26 DATED: 20. 02. 2o126 Between: Kanithi Nagendra and another. Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Housing (RH & C.
A1) Department, Secretariat buildings, Hyderabad and others. ... Respondents ORDER: This writ petition is filed to declare the action of respondent No. 3-Tahsildar in not allotting the double bed room houses to petitioners basing on the proceedings uide RC. No. C/12412023, dated 02l06l2023, by showing the petitioners names in the said list uide Senal Nos. 73 and 93 by keeping on pending the said list and without \ handing over the double bed room houses to the petitioners \ preparation of new list by respondent No. 3, by deleting their names and allotting the said houses to some other persons without informing the same to the petitioners and without conducting the grama sabha as illegal, arbitrary and in violation of Article L4, 19,21 and 3O0-A of Constitution of India and for consequential relief. I I *t t tt/. P. No. 5318 of 2026 2. Herard sri Gaddam Ramu, Iearned counsel for petitioners, learned ,\ssistant Government pleader for Revenue and sri K.
pradeep Reddy, k:arned Standing Counsel for respondent No. 4. 3. Learned counsel for the petitioners would submit that the issue raised in the present writ petitions is squarely covered by the order dated 23. 12. 2024, passed in w. p. No. 3s9g3 of 2024, and therefore, prayed to dispose of the present writ petitions in terms of Orders passed by this Court in W. p. No. 3S9g3 of 2024. 4. Learned Assistant Government pleader for Revenue did not dispute the submissions made by the learned Counsel for petitioners. 5. Acr:ordingly, this writ petition is disposed of in terms of order dated 23. r2. 2o24 in w. P. No. 3s983 of 2024. There shall be no order as to cos':s. Mir;cellaneous petitions pending, if any, shall stand closed. SD/. C. DEEPIKA ASSISTANT REGISTRAR //TRUE COPYII 6 SECTION OFFICER To, 1. The Pri,cipar Secretary, Housing (RH and c. A1) -auiuing. , Department DR BR Ambedkar Terangana secretariat sriirord, Hyderabad, state of Telangarra.
2' The District coltector and District f\4agistrate, convenor of Double Bedroom scheme District Level committeL Bhadralri Kothagudem District Kothaguclem \ 3. The Tahs,ildar, Bhadrachalam 4' The Pan<:hayat Secretary/ Executive officer, Bhadrachalam Grampanchayat, Bhadrachalam, Bhadradri Kothagudem Districi 5. One CC to SRI GADDAM RAMU' Advocate IOPUC] 6. oneCCtoSRIK. PRADEEPREDDY,ScFoRGRAMPANCHAYAT[oPUC] T. TwoccstoGpFoRHouslNG,HighcourtforthestateofTelanganaat,' nvJ"Lo"otourl .? - at court for the State of relangana B. Two ccs to Gp FoR REVENUE, High HYderabad [OUT] 9. Two CD CoPies ot 20241 in w'P'No'35983 dated 23-12-2024, (Atong with rhe copy of order \"y BSR i I i ) HIGH COI. 'RT i l I I I DATED: 2010212026 ) \ I ORDER WP. No. 5318 of 2026 * r t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS aL ? 7 HON'BLE SRI JUSTICE C. V.
BHASI{AR REDDY -oz+ ORDER: It is stated that the state Government has taken up a programme commonly called as 'Double Bed Room House Programme'to construct the houses and allot the same to the persons, who belong to Scheduled caste, scheduled rribe, Backward classes and Minority communities. It is further stated that with laudable object the State Government, after identifying the open vacant government rand, has taken up the said programme on war footing basis for construction of double bed room houses for allotment of the same to the eligible persons identified after conducting socio economic survey. It is further stated that the petitioners were enumerated in the list of eligible candidates at Sl. Nos. g0, g3, gg, 106 and 119 for allotment of houses, prepared by respondent No. 3 in proceedings Rc. No. c/L2412o23, dated os. o6. 2o23.
The grievance of the petitioners is that even after selecting them as beneficiaries under the said scheme, the respondent authorities are not allotting the houses constructed by the State Government to them and said houses are kept idle and in view of not properly Wp_35983_2024 maintaining the said houses there is every possibilities of the same shall not be useful in future for habitation. 2. Cc,nsidered the submissions made Sri P. V. Krishnamachary, learned <:ounsel for the petitioners; sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 3 and sri P. Kishore Rao, learned standing counsel appearing for respondent No. 4 and with their consent this writ petition is disposed of at the admission stage. 3. sri L.
Ravinder, learned Assistant Government preader for Revenue, on instructions, would submit that the Government, duly taking into consideration of the policy, has taken decision to allot unoccupi'ld vacant houses to the eligible persons under the scheme 'Indiramnra Houses'. It is further submitted that as per G. o. Ms. No. lo and 12, rlated 15. 1o. 2o15 and 26. 11. 2015, respectively, the list of eligible br:neficiaries shall be verified by the Tahsitdar of the Mandal and place it before the Grama sabha/ward sabha and then Grama Sabha will verify the eligibility of beneficiary families and forward t6e list to the District Collector. Learned Assistant Government pleader further submits that insofar as the case of the petitioners, there was no approval of Grama sabha and therefore even if their names have been enurnerated in the list of beneficiaries, their cases would not be considere<l as there was no approval of the Grama sabha.
Learned Assistant Government Pleader further submits that the cases where CVBR, Wp 35983 2024 the beneficiaries were not considered on the ground of approval not granted by Gram sabha, those cases wourd be considered as the policy laid down by the Government from time to time and if petitioners' names are approved by the Grama sabha their cases would also be considered as per the policy laid down by Government. 4. In view of the above subrnissions and since it is case the petitioners that earlier their names were enumerated in list of beneficiaries and as the said list was not approved by Grama sabha, for recommending their cases for sanction of houses, this court is of the opinion that the ends of justice would be met permitting the petitioners to make representation before respondent No.
4, duly enclosing the list eligible persons for allotment of houses, to conduct Grama Sabha for approval of the list of eligible persons so as to enable the Government to consider their cases for allotment of houses in terms of the policy of the Government. In the event such application is being made, respondent No. 4 is directed place the same for approval of Grama Sabha and after approval of the names of the petitioners in the Grama Sabha, respondent authorities are directed to consider the cases of Wp_35983 2024 petitior-ers within a period of three (03) months from the date of approval of the Grama Sabha. 5. \ Iith the above observations, the writ petition is disposed of. There shall be no order as to costs. 6 Ars a sequel, the miscellaneous petitions pending, if any, shall stand closed JUSTICE C. V. BHASI{AR REDDY 23. L2. 2024 gkv
Source: High Court for State of Telangana. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.