Telangana High Court

Bharatiya Janata Party Legislature ... vs The State Of Telangana on 14 November, 2024

Author: Nagesh Bheemapaka

Bench: Nagesh Bheemapaka

       HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

     WRIT PETITION No. 29233 AND 29689 OF 2024

COMMON ORDER:

Since the grievance agitated in both the Writ

Petitions is one and the same, with the consent of learned

counsel for both the parties, they are taken up for final disposal.

For convenience sake, facts in Writ Petition No. 29689 of 2024

are taken up for consideration.

2. Petitioners challenge G.O.Ms.No.33, dated

11.10.2024 issued by the 1st respondent - Government of

Telangana for constituting "INDIRAMMA Committees" at Gram

Panchayat level and Municipal Ward Level for implementing the

beneficial scheme of INDIRAMMA INDLU Programme, without

reference to Gram Sabhas and Ward Committees, as illegal,

arbitrary, un-constitutional and against the provisions of the

Telangana Panchayat Raj Act, 2018 and Telangana

Municipalities Act, 2019 apart from being violative of Articles

14, 21, 39 and 243 of the Constitution of India.

3. Submissions of Petitioner:

Petitioner No.1 is native of Kothapally, Velpoor,

Kolipaka, Nizamabad, and he served as Sarpanch of Kothapally

Gram Panchayat from Feb 2 (2019 to 2024). As a member of

Scheduled Caste community and economically weaker section,

he had been deeply committed to the upliftment and welfare of

marginalized communities in the village and his focus has been

on ensuring that the most vulnerable sections of society receive

necessary support, resources, and opportunities to improve

their living conditions. It is stated that during his tenure as

Sarpanch, he had taken lead in implementing various

government welfare schemes, ensuring that incentives and

benefits reach those who need them most. These initiatives have

included securing access to affordable housing, clean drinking

water, sanitation and education for economically disadvantaged

families. He further states that under his leadership, the Gram

Panchayat has made significant progress in improving the

village's infrastructure and overall quality of life. It is further

stated that in recognition of his efforts, he was honoured with

the prestigious Deen Dayal Upadhyay Panchayat Vikas

Puraskar for exemplary work in two categories: Water-Sufficient

Theme, where Gram Panchayat implemented sustainable water

management practices to combat water scarcity, and Poverty-

Free Theme, where he spearheaded initiatives aimed at reducing

poverty through self-sustaining employment and livelihood

programs.

It is further stated that Petitioner No. 2 is a

permanent resident of Pachalandukud Village, Velpur Mandal,

Nizamabad District. He belongs to a Below Poverty Line (BPL)

family and Schedule Caste (Madiga) Community and is

financially-disadvantaged. Due to his impoverished condition,

he is homeless and does not possess any permanent or stable

shelter. He is working as agricultural labour to sustain himself

and his family. Initially, the then Government of Telangana

proposed to implement 2 Bed Room Housing Programme in the

State and accordingly, had issued GO MS No. 10, Housing

(RH&C-A1) Department, dated 15.10.2015 in a phased manner

by the District Collectors and Commissioner, GHMC. Thereafter,

certain guidelines were issued for implementation of 2 Bed

Room Housing Programme. Further the 2nd respondent -

Telangana State Housing Corporation Limited requested for

issuing necessary amendment to GO MS No. 10, dated

15.10.2015 regarding operational guidelines issued on selection

of beneficiaries to implement the said programme. Accordingly,

the 1st respondent amended and issued GO MS. No. 12, Housing

(RH&C-Al) Department, dated 26.11.2015. Amendments carried

out in Para II of GO MS No. 12 speaks about selection of Gram

Panchayats/Wards and selection of beneficiaries. It is further

stated that the 1st respondent had issued G.O.Ms.No. 7

Transport, Roads and Buildings (RH&C. Al) Department dated

09.03.2024 for commencement of New Housing Scheme for

construction of houses to the houseless poor families named as

"INDIRAMMA INDLU". In the said GO., under Clause VI, Rules

stipulate that i) verification for eligibility will be done by the

teams constituted by the District Collector and ii) eligible list of

applicants will be placed before the Gram Sabha/ Ward Sabha

for its approval.

It is further stated that the 1st respondent issued

impugned GO and approved formation of INDIRAMMA

Committees at Gram Panchayat/Municipal Ward level for

effective implementation of INDIRAMMA INDLU Programme for

providing construction assistance of Rs.5,00,000/- to houseless

poor for construction of 4,50,000 new houses in the 1st phase in

the State. The proposal submitted by the 2nd respondent -

Housing Corporation through Lr. No. 1116/E&P/INDIRAMMA

INDLU/2023 dated 01.10.2024 have decided to constitute

INDIRAMMA Committees at Gram Panchayat / Municipal Ward

Level involving local people and other functionaries by the

District Collectors. The Government of Telangana ordered the

District Collectors to constitute INDIRAMMA Committees for

implementation of the programme. It is further stated that at

Gram Panchayat Level, Sarpanch / GP Special Officer will be as

Chairman, Two Women from SHG (Self Help Group) Group will

be as Members, Three local persons having interest in

developmental activity (at least one member from BC and one

member from SC/ST community) will be as member and

Panchayat Secretary as Convenor and at Municipal Ward Level,

Ward Councilor / Corporator will be as Chairman, two women

from SHG (Self Help Group) will be as Members, three locals

having interest in developmental activity (at least one member

from BC and one member from SC/ST community) will be as

member and Ward Officer as Convenor.

It is also stated that constituting two women from

Self Help Group (SHG) at Gram Panchayat Level and Municipal

Ward Level is unjust and un-sustainable and contrary to the

provisions of Telangana Panchayat Raj Act, 2018 and Telangana

Municipalities Act, 2019 and is liable to be set-aside. Further

inclusion of two women from self-help groups (SHG) and three

local persons having interest in the developmental activities

both at Gram Panchayat level and Municipal Ward level is bad

in law, inasmuch as no specific qualification or any other

requirements of those persons are detailed in the impugned

G.O. In the absence of the same, there is likelihood that

members of the Committee will be selected by the persons of

their choice without any qualifications and more particularly,

political personnel. If such scenario is allowed to go on, the very

object of introducing the scheme will be defeated and the

persons who are really in need will be deprived of and the very

scheme will be misused by identifying the ineligible persons at

the choice of political leaders. Thus, the very G.O. is

unconstitutional and in violation of Articles 243G, 243S and

243W and the same is liable to be set aside.

4. SUBMISSIONS OF RESPONDENTS

Respondents submit that writ of mandamus lies for

enforcement of a fundamental right or statutory right or

enforcement of a fundamental duty related to enforcement of a

fundamental right or statutory right. Petitioners have no locus

to file the present Petition, as no fundamental right or statutory

right of petitioners is infringed. Petitioners relied upon the the

judgment of the Hon'ble Supreme Court in Vivek Krishna Vs.

Union of India {W.P(Civil)No.1034 of 2021} wherein it is

observed that "The breach or threat to breach fundamental,

statutory or may be enforceable equitable right, is the sine qua

non for issuance of writ of Mandamus". In the present case,

there is no breach or threat of breach of petitioners'

fundamental or statutory right. In such circumstances,

petitions are devoid of locus standi to seek relief under writ of

mandamus, as such Writ Petitions are liable to be dismissed on

this ground alone without even going into merits.

Respondents further that Government for

construction of houses to houseless poor families commenced

New Housing Scheme in the State named as "Indiramma Indlu"

as part of implementation of the 6-gurantees programme under

Abhayahastham by providing financial assistance of

Rs.5,00,000/- per house with 100% subsidy and to construct

4,50,000 houses in the first phase with target of 3,500 houses

per each Assembly Constituency. Vide G.O.Ms.No.7, dated

09.03.2024, Government issued guidelines for implementation

of the scheme to the District Collectors in the District and

Commissioner, GHMC in the GHMC area. For implementation

of Scheme, financial assistance of Rs.5,00,000/- is provided per

beneficiary. The amount envisaged for financial assistance is

shared between Central and State Government. Share of State

Government under the Rural Housing is Rs.4,28,000/- and

that of Central Government is Rs.72,000/- and further under

the Urban Housing by the State Government is Rs.3,50,000/-

and by the Central Government is Rs. 1,50,000/-. That given

the sharing of the financial component, framework for

implementation of the scheme, in para-No. 7.3.1.4 of the

framework envisages tagging of village level functionaries like

Gram Rozgar Sahayak, Bharath Nirman Volunteer, SHGs,

Representatives of Civil Society Organizations or any Village

level workers to follow up with the beneficiary and facilitate

construction. Accordingly, in order to implement the programme

in focused and integrated manner with complete involvement of

local people besides the officials in a meaningful manner to help

in taking continuous awareness building and monitoring, it is

imperative to constitute a committee at Gram Panchayat /

Municipal ward level involving local people and other

functionaries.

It is further stated that the Government vide

G.O.Ms. No. 33, dated 11.10.2024, directed District Collectors

to constitute Indiramma Committees at Gram Panchayat/

Municipal ward level involving local people and other

functionaries by the District Collectors. Since it is a Beneficiary

Led Construction (BLC) for the mode of construction, a support

system in the form of Indiramma Committee will facilitate

effective implementation of INDIRAMMA INDLU Programme.

Composition of the said committees are as follows:

A.Gram Panchayat Level

i. Sarpanch/GP Special Officer Chairman ii. Two Women from SHG group Members iii. Three local persons of the village having interest Members in developmental activities (at least one members should be from BC and one member from SC/ST) iv. Panchayat Secretary Convener

B. Municipal Ward Level

i. Ward Councillor/ Corporator Chairman ii. Two Women from SHG group Members iii. Three local persons of the village having interest Members in developmental activities (at least one members should be from BC and one member from SC/ST) iv. Ward Officer Convener

The said Committees will discharge the following functions:

a. To take up awareness building activities regarding the programme on continuation basis.

b. To handhold the beneficiaries in taking up the construction of houses.

  c.     To act as a committee for Social Audit.

  d.     To report to the MPDO / Municipal Commissioner wrongful exclusion

of any eligible family or wrongful inclusion of any ineligible family or any other housing related issue.

It is also stated that in order to satisfy with the

credibility of local persons in the Committee other than

Sarpanch / Counsellor and the Village Secretary / Ward Officer,

MPDOs in rural areas and Municipal Commissioners in Urban

area are directed to nominate the names and the District

Collector will issue orders constituting Indiramma Committees

in consultation with District In-charge Minister.

It is also stated that Panchayat Secretary in Gram

Panchayat and Ward Level Officer in Municipal Ward or any

officer authorized by the District Collector/Commissioner in the

GHMC area will conduct survey of all the Applications received

under Praja Palana, Prajavani and those received by the District

Collector through an App viz., "Awaas Plus 2024" in Rural areas

and in Urban areas and the App is being developed by State

Government. The applicant's details including family details and

their income shall be entered in "Awaas Plus 2024" App in Rural

areas and in urban areas and the App is being developed by

State Government to determine their eligibility as per the

eligibility criteria fixed under the scheme. This approach will

provide a permanent wait list ensuring the State will have ready

list of households to be covered under the scheme leading to

better planning of implementation. Once system generated

priority list are available, then a Gramasabha or the meeting of

the lowest unit of local self-Government will be convened.

Gramasabha or the lowest unit of local self-Government will

verify the facts based on which the house hold has been

identified as eligible. If inclusion has been done based on

wrong facts, such ineligible Applications will be deleted by the

Grama Sabha. The said approach ensures fairness and

transparency in identification and selection of beneficiaries and

further provides a systematic approach to target those who are

genuinely-deprived and that selection is objective and verifiable.

It is pertinent to submit that functions of Indiramma

committees are restricted to the extent as given in tabular

statement pertaining to committees at Gram panchayat Level

and Municipalities Level. The Committees will not have any role

in finalizing the list of eligible beneficiaries of the scheme as

apprehended by petitioners.

5. Heard Sri J. Ramchander Rao, learned Senior

Counsel appearing for Sri S. Santosh Kumar, learned counsel

for petitioners in Writ Petition No.29689 of 2024, Sri Nandigam

Krishna Rao, learned Senior Counsel appearing on behalf of Sri

Ennamsetty Akhil, learned counsel for petitioner in Writ Petition

No. 29233 of 2024. They relied upon the following judgments:

i. Allada Bhaskara Rao v. Govt. of Andhra Pradesh 1; ii. D.S. Nakara v. Union of India 2 iii. Dwaraka Nath v. Income Tax Officer 3

Heard Sri Tera Rajinikanth Reddy, learned Additional Advocate

General appearing for the 1st respondent State and Sri B. Shiv

Kumar, learned Standing Counsel for the 2nd respondent. While

making submissions, they relied upon the following judgments:

i. Nrutang Gram Panchayat vs. State of Orissa 4 ii. Vivek Krishna vs. Union of India(W.P.(Civil) No.1034/2021-Supreme Court) iii. State of Uttar Pradesh v. Chaudhari Ran Beer Singh 5

6. Contentions of Sri. J. Ramchander Rao as well

as Sri Nandigama Krishna Rao, learned Senior Counsel:

While reiterating the submissions made in the writ

affidavit, learned Senior Counsel specifically argues that

constituting Indiramma Committees at Gram Panchayat Level

and Municipal Ward Level is unjust and un-sustainable and

contrary to the provisions of the Telangana Panchayat Raj Act,

2018 and Telangana Municipalities Act, 2019 and is liable to be

set-aside. Learned Senior counsel heavily relied upon Section

2010 (4) ALD 776 (DB)

(1983) 1 SCC 305

AIR 1966 SC 81

2015 SCC Online Orissa 375

(2008) 5 SCC 550

6(8)(j) of the Telangana Panchayat Raj Act, 2018 and Section 31

of the Telangana Municipalities Act, 2018 and also Articles

243G, 243S & 243W and contends that Government of

Telangana cannot include private persons or local persons by

way of Indiramma Committees and delegate powers in

identifying the beneficiaries on a pick and choose method on a

selective approach and the same would also tantamount to

violation of Article 39 of the Constitution of India. The state

shall direct its policy towards securing all the Citizens equally,

since all have the right to adequate means of livelihood. The

manner in which the private persons are identifying the

beneficiaries will deprive the right to adequate means of

livelihood to the citizens and there is likelihood of bias, arbitrary

and discrimination. It is the duty of the State to apply the

directive principles in making laws and the policies adopted by

the state should be towards securing that men and women

equally have the right to adequate means of livelihood.

Assignment of land to weaker sections of the society is in

furtherance of a constitutional obligation imposed upon the

State to secure the citizen an adequate means of livelihood,

adequate housing without any discrimination.

Learned Senior Counsel relied upon heavily on the

decision of Allada Bhaskara Rao's case. He argues that in view

of the said judgment constituting the committees in identifying

the beneficiaries is nothing but over-reaching the powers of

Gramasabha which are recognised by the Statute itself.

According to learned Senior Counsel, Government cannot

delegate the powers of Gramasabha which are endowed upon

them by the statute to any person/persons or to the committees

with composition as mentioned in G.O.Ms.No.33 dated

11.10.2024. They also relied upon the decision in D.S.

Nakara's case and DwarakaNath's case (supra) to

substantiate the ground that petitioners are having locus to file

the present Writ Petition and as such the same are

maintainable in law.

7. Contentions of Sri. Tera Rajinikanth Reddy,

learned Additional Advocate General:

The apprehension of petitioners that Indiramma

Committees will handpick the beneficiaries eligible for the

scheme circumventing the Grama Sabhas, is misconceived as

the Committees will not have any role in finalizing the list of

eligible beneficiaries and are limited to the functions as

stipulated in the impugned G.O. According to him, Indiramma

Committees are not involved in identification of beneficiaries or

preparation of final list of eligible beneficiaries; Government vide

impugned G.O. directed District Collectors to constitute

Indiramma Committees at Gram Panchayat/ Municipal ward

level involving local people and other functionaries; since, it is a

Beneficiary Led Construction (BLC), mode of construction, a

support system in the form of Indiramma Committee will

facilitate effective implementation of INDIRAMMA INDLU

Programme. Learned Additional Advocate General further

contends that in order to satisfy with the credibility of the local

persons in the committee ie., other than Sarpanch / Counsellor

and the Village Secretary / Ward Officer, the MPDOs in the

rural areas and Municipal Commissioners in the Urban area are

directed to nominate the names and the District Collector will

issue orders constituting Indiramma Committees in

consultation with District In-charge Minister. Similar

Committees were formed in 2006 vide G.O.Ms. No. 350 dated

31.08.2006 for discharging similar functions to ensure eligible

beneficiaries under Housing programme. Panchayath Secretary

in Gram panchayath and Ward Level Officer in Municipal ward

or any officer authorized by the District Collector/Commissioner

in the GHMC area will conduct survey of all the applications

received under Praja Palana, Prajavani and those received by

the District Collector through an app called "Awaas Plus 2024"

in Rural areas and in Urban areas the App is being developed by

State Government. Applicant's details including family details

and their income shall be entered in "Awaas Plus 2024" in Rural

areas and in urban areas the App is being developed by State

Government to determine their eligibility as per the eligibility

criteria fixed under the scheme. This approach will provide a

permanent wait list ensuring that State will have ready list of

households to be covered under the scheme leading to better

planning of implementation. Once system-generated priority list

is available, Gramasabha or the meeting of the lowest unit of

local self-Government will be convened. They will verify the facts

based on which the household has been identified as eligible. If

inclusion has been done based on wrong facts, such ineligible

Applications will be deleted by Gramasabha. The said approach

ensures fairness and transparency in identification and

selection of beneficiaries and further provides for a systematic

approach to target those who are genuinely deprived and that

the selection is objective and verifiable. The functions of the

Indiramma committees are restricted to the extent as stated in,

Clause 3 of G.O.Ms.No.33. It is argued that Committees will not

have any role in finalizing the list of eligible beneficiaries of the

scheme as apprehended by petitioners. It only reports to

Collector / Commissioner of wrongful inclusion or exclusion of

names for verification and action at the end of Collector /

Commissioner. These committees were constituted only to

create awareness among the beneficiaries in taking up the

construction work in an effective manner. The said committees

were constituted in consonance with Clause 7.3.1.4 of

guidelines issued by the Central Government.

Learned Additional Advocate General further

contended that Articles 243-G and 243-W empower the State

Legislature to endow Panchayats and Municipalities with such

powers as may be necessary. The said Articles provide for

clauses enabling the State to endow by law the Grama Sabha,

Grama Panchayats and Municipalities with such functions as

may be necessary to function as institution of Self-Government.

The above provisions under the Constitution, in no manner,

restrict the State from formulating policies to ensure fair and

transparent implementation of a scheme. The policy decision of

the State Government under the impugned G.O. does not violate

the above provisions of the Indian Constitution. By virtue of

Article 243G, the State Government enacted The Telangana

Panchayat Raj Act, 2018. Section 6 provides for subjects that

may be reviewed by the Grama Sabha. It was heavily contended

that under clause (j) to sub-section 8, it is clearly stipulated that

preparation of final list of eligible beneficiaries on the basis of

the criteria fixed is the function endowed upon the Grama

Sabha by the State Legislature. As per the scheme

"IndirammaIndlu" and the framework for implementation, once

system-generated priority lists are available, Gramasabha or the

meeting of the lowest unit of local self-Government will be

convened and they will verify the facts based on which the

household has been identified as eligible. If inclusion has been

done based on wrong facts, such ineligible applications will be

deleted by the Gramasabha. That the said approach ensures

fairness and transparency in identification and selection of the

beneficiaries and further provides for a systematic approach to

target those who are genuinely deprived and that the selection is

objective and verifiable. The contention of petitioners that

committees will usurp the power of Gramasabha is flawed and

devoid of any merit, as such the present writ petitions are liable

to be dismissed. Further it was also contended that Writ

Petitions are not maintainable as petitioners do not have locus

as no fundamental right or statutory right is infringed.

8. ANALYSIS:

Before delving deep into the issue on hand, it is

apposite to extract the relevant provisions of law dealing with

the said subject:

Section 6 of the Telangana Panchayat Raj Act, 2018:

"6. (1) There shall come into existence a Gram Sabha for every village on the date of its formation under section 3.

.....

(8) The following subjects may be reviewed by the Gram Sabha:-

(a) Sanitation: Solid and liquid waste management, safe disposal of garbage by converting it into compost; promotion of open defecation free village.

(b) Maintenance of Street lights: Conservation of Energy;

I Plantation and maintenance of trees under different schemes in Gram Panchayat;

(d) Create Awareness on Family Welfare, Education, Public Health, abolition of child labour, bonded labour, social evils etc;

I Maintenance of internal roads, culverts and drains;

(f) Maintenance of Community Assets - Common sites, Public places, buildings, community halls, parks etc;

(g) Promoting Cultural activities - Fairs and festivals, Sports and Games;

(h) The collection and compilation of details required to formulate development plans of the Panchayat;

(i) Formulation of proposals and fixing of priority of schemes and development programmes to be implemented in the Gram Panchayat;

(j) Preparation of final list of eligible beneficiaries in the order of priority relating to all the beneficiary-oriented schemes on the basis of the criteria fixed;

(k) Rendering assistance to implement effectively the development schemes by providing facilities locally required;

(l) Mobilizing voluntary service, Shramadanam and contribution in cash or in kind for the development plans;

(m) Locating street lights, public taps, public wells, public sanitation units, such other public utility schemes;

(n) Formulation of schemes to impart awareness on matters of public interest like cleanliness, environmental protection, pollution control and to create awareness on health and hygiene;

(o) Promoting communal harmony, unity and goodwill among the people within the Gram Panchayat;

(p) Monitoring and rendering assistance to the beneficiaries engaged in the developmental activities within the area of the Gram Panchayat;

(q) Verifying the persons getting various kinds of welfare assistance from the Government such as pensions etc;

I Collection of information regarding the detailed estimates of works proposed to be implemented in the Gram Panchayat;

(s) Follow up action taken on the decisions of the Gram Sabha and the detailed reasons for not implementing any of the decisions;

(t) Proposal of Gram Panchayat relating to fresh taxation or enhancement of existing taxes;

(u) Promotion of adult education;

(v) Conservation and maintenance of public properties;

(w) Promotion of self help group activities;

(x) Such other functions as may be prescribed from time to time by the Government."

Article 243 of the Constitution of India:

243A. Gram Sabha

A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may by law, provide.

243G. Powers, authority and responsibilities of Panchayats Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self- government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to--

(a)the preparation of plans for economic development and social justice;

(b)the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.

243W. Powers, authority and responsibilities of Municipalities, etc.

Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow--

(a)the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to--

(i)the preparation of plans for economic development and social justice;

(ii)the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;

(b)the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

9. According to the learned Senior Counsel, the

statute mandates identification of beneficiaries for the purpose

of beneficial schemes is endowed upon Gramasabhas and

Government does not have power to delegate the said function

to some others more particularly to the committees as is

prescribed under G.O.Ms.No.33 dated 11.10.2024. In Allada

Bhaskara Rao's case (supra) in Paras 23, 24 and 26, it was held

as under:

"23. The State Government had, in fact, recognized that the Constitution Seventy-third Amendment provides for strengthening and revitalizing the Panchayat Raj institutions so that they can subserve the needs of the teeming millions that live in the rural areas. G.O.Ms.No.571 Panchayat Raj and Rural Development (RD.III) Department, dated 26.12.2007 referred to the enactment of the Andhra Pradesh Panchayat Raj Act, 1994 reflecting the spirit of the Constitutional mandate, identification of ten core subjects to be devolved to the Panchayat Raj institutions by demarcating official responsibility basing on the subsidiarity principle and the implementation of National Rural Employment Guarantee Scheme being devolved on the Panchayat Raj institutions. If that were the spirit of devolution of the State Government, the impugned Government order No.274 is not in tune with such declared objective.

24. The petitioners also contended that the substitution of Para 5 of G.O.Ms.No.350 by the impugned Government order will, in effect and substance, make the committees constituted hitherto prior to the

impugned Government Order also void making the impugned Government Order operate retrospectively, which is illegal.

26. The works undertaken under Indiramma Programme were also claimed by a set of petitioner to be within the scope and ambit of the National Rural Employment Guarantee Act, 2005. The Act, which is necessary corollary to the Directive Principle of State Policy under Article 41 of the Constitution, makes the Panchayats the principal authorities for planning and implementation of the scheme made under the Act by Section 13(1) read with S.2(g) and the responsibilities of the Gram Panchayats were statutorily specified in S.16. Gram Sabhas, Ward Sabhas and Gram Panchayats are responsible for the respective functions assigned by the provision and social audit of such works by Gram Panchayat is provided by S.17. Schedule-II under S.5 makes it the duty of the Gram Panchayat to register the households and their adult members and discharge all other responsibilities relation to guarantee rural employment under a scheme. The operational guidelines issued under the Act emphasize the 'pivotal role' of the Gram Panchayats in the implementation of the Rural Employment Guarantee Schemes. Social audit and vigilance at gross root level are sought to be achieved by inspection, review and monitoring by local Committees or Gram Panchayats and thus, the provisions of the Act and the implementation of the schemes thereunder indicate in no unmistakable terms that Gram Panchayats cannot be divorced from such schemes nor can their inseparability be diluted with the imposition or intervention of any extraneous exercise of power by any other functionaries to their exclusion."

10. Having gone through the entire judgment relied

upon by the learned Senior Counsel, this Court is of the opinion

that facts of that case are totally different. In the said case, the

issue is totally different wherein predominant role was assigned

to Gram Sabhas and Gram Panchayats under National Rural

Employment Guarantee Act, 2005, which is a Central

enactment. In the State enactment i.e. in the Telangana

Panchayat Raj Act, 2018, role assigned to GramaSabhas in

terms of Section 6(8) is not absolute but at the discretion of the

Government as the word "may" is used which means existence

of discretion unlike the word "shall" which means no option. It

is trite law that the word "may" does not mean "shall". The word

"may" is generally used to express possibility and discretion,

while "shall" is used to indicate a mandatory provision

(Vidharbha Industries Power v Axis Bank Civil Appeal No. 4633

of 2021). Therefore the contention of the learned Senior

Counsel that Grama Sabha or Ward Sabhas have been diluted

by forming Indiramma Committees does not have stand in the

eye of law.

11. Even in the present case also, the procedure

followed is that Panchayat Secretary in Gram Panchayat and

Ward Level Officer in Municipal Ward or any officer authorized

by the District Collector/Commissioner in the GHMC area will

conduct survey of all the Applications received under Praja

Palana, Prajavani and those received by the District Collector

through an App viz., "AwaasPlus 2024" in Rural areas and in

Urban areas and the App is being developed by State

Government. That the applicant's details including family

including family details and their income shall be entered in the

"AwaasPlus 2024" App in Rural areas and in urban areas and

the App is being developed by State Government to determine

their eligibility as per the eligibility criteria fixed under the

scheme. This approach will provide a permanent wait list

ensuring that the State will have ready list of households to be

covered under the scheme leading to better planning of

implementation. Once system-generated priority lists are

available, then a Gramasabha or the meeting of the lowest unit

of local self-Government will be convened which will verify the

facts based on which the household has been identified as

eligible. If the inclusion has been done based on wrong facts,

such ineligible Applications will be deleted by Gramasabha.

The said approach ensures fairness and transparency in

identification and selection of beneficiaries and further provides

for a systematic approach to target those who are genuinely

deprived and that the selection is objective and verifiable. It is

pertinent to submit that functions of Indiramma committees are

restricted to the extent as given in tabular statement pertaining

to committees at Grampanchayat Level and Municipalites Level.

Committees will not have any role in finalizing the list of eligible

beneficiaries of the scheme as apprehended by the petitioners.

12. Further, this Court also noted that in the said

committee, three local persons from the village having interest

in developmental activities at least one member from BC and

one member from SC/ST communities apart from two women

SHG group and Sarpanch/GP Special Officer in case of Gram

Panchayat and Ward Councillor/Corporator in case of

Municipal Ward would divulge the fact that the Committee's role

is only to facilitate the Gram Sabha and Ward Sabha to come to

a just conclusion in assessing the wrongful exclusion of any

eligible family and wrongful inclusion of any ineligible family or

any other housing related issue. Further, the Gramasabha or

the lowest unit of local self-Government will verify the facts

based on which the household has been identified as eligible. If

the inclusion has been done based on wrong facts, such

ineligible Applications will be deleted by the Gramasabha.

13. At this juncture, it is germane to refer to the

decision relied upon by the learned Additional Advocate General

in Nrutang Gram Panchayat's case (supra) wherein the Hon'ble

High Court of Orissa considering Article 243G, observed as

under:

"8. Thus this provision is very clear by which panchayats have been empowered to prepare plan or implement the various schemes but if entrusted to them by the Government this suggests that this is enabling provision and discretions lies with the State to hand over any scheme for preparation of plans or implementation of a scheme hence it is not mandatory.

In the case in hand, the Government although has launched a resolution in the month of October, 2014 entrusting the Gram Panchayat to participate in the implementation of the scheme but subsequently resolution dated 9.6.2015, the Government has changed the method for implementation of the scheme"

14. In the above case, the High Court of Orissa upheld

the State's action in changing its decision of entrusting Gram

Panchayat to participate in implementation of Scheme more

particularly to identify beneficiaries under the poverty

alleviation programmes or other similar programmes. Therefore

the above said decision squarely applies to the facts of the case,

as rightly contended.

15. It is submitted that Section 6(8) of the Telangana

Panchayat Raj Act, 2018 categorically states that certain

subjects may be reviewed by the Grama Sabha. Though

eligibility of beneficiaries is not ascertained through the

GramaSabhas, the same cannot be fatal for implementation of

the Scheme as the statute does not endow powers to Grama

Sabha to perform such functions. The said provision gives a

degree of freedom and discretion to the State Government for

implementation of a scheme. This Court also finds merit in the

contention of learned Additional Advocate General for one other

reason that in the matter of policy decisions scope of judicial

review under Article 226 is limited, unless there is infringement

of fundamental right or arbitrariness is established. The Hon'ble

Supreme Court in State of Uttar Pradesh Vs. Chaudari Ran Beer

Singh 6 observed as follows:

"The policy decision must be left to the Government as it alone can decide which policy should be adopted after considering all relevant aspects from different angles. In matter of policy decisions or exercise of discretion by the Government so long as the infringement of fundamental right is not shown, courts will have no occasion to interfere and the court will not and should not substitute its own judgement for the judgement of the executive in such matters. In assessing the propriety of a decision of the Government the Court Cannot interfere even if a second view is possible from that of the Government."

16. As rightly contended, in view of the large-scale

volume of the houses and beneficiaries involved in the scheme,

the government formulated the present policy to ensure fairness

and transparency in implementation of the scheme. As stated in

para 4 of the counter of the 1st respondent, framework for

implementation of the scheme, in para-No. 7.3.1.4 of 28

(2008) 5 SCC 550

framework envisages tagging of village level functionaries like

Gram Rozgar Sahayak, Bharath Nirman Volunteer, SHG's,

Representatives of Civil Society Organizations or any village level

workers to follow up with the beneficiary and facilitate

construction. In such circumstances, apprehension of

petitioners that Committees will handpick the beneficiaries is

misplaced and misconceived.

17. Though respondents have raised the issue of locus

of petitioners to maintain Writ Petitions, in view of the decisions

cited by the learned Senior Counsel in D.S. Nakara's case,

this Court is left with no option except to reject the contention

with respect to non-maintainability of Writ Petitions on the

ground of no locus to petitioners.

18. FINDING:

This Court therefore, finds that challenge to

G.O.Ms.No.33 dated 11.10.2024 issued by the 1st respondent -

Government of Telangana for constituting "INDIRAMMA

Committees" at Gram Panchayat level and Municipal Ward Level

for implementing the beneficial scheme of INDIRAMMA INDLU

Programme, without reference to Gram Sabhas and Ward

Committees, fails as the Government has discretionary power to

implement the beneficial schemes under a policy decision and

the same cannot be interfered with by this Court, as such the

same is rejected. However, liberty is given to petitioners to

approach this Court in case it is found that the said scheme is

being implemented contrary to its object for which it is launched.