[Cites 1, Cited by 0]
Telangana High Court
B. Padma vs The State Of Telangana on 2 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.9117 of 2019
Dated:02.04.2026
Between:
B.Padma and 20 others.
...Petitioners
And:
The State of Telangana,
rep. by its Principal Secretary,
Revenue Department,
Hyderabad and seven others.
...Respondents
ORDER:
This Writ Petition is filed to issue a writ of Mandamus directing the
respondents to allot houses to the petitioners under the VAMBAY Housing
Scheme, as per their pattas and possession certificates, by evicting the illegal
occupants, as per the inspection report dated 11.01.2012, or in the alternative, to
direct the respondents to allot houses under Double Bed Room scheme (2BHK) at
Krishna Nagar, Secunderabad, or at Hyderabad under any other welfare Housing
scheme.
LNA, J
2. Heard Ms. Y.Sheelu, learned Counsel for petitioners, learned Assistant
Government Pleader for Assignment for respondent Nos.1 to 6 and
Sri G. Madhusudhan Reddy, learned Standing Counsel for respondent No.8.
3. Brief facts of the case as averred in the writ affidavit are that in the year
1996, the Government of the erstwhile State of Andhra Pradesh, through
respondent No.5, issued 235 pattas to landless poor people, including the
petitioners, who are residing at Krishna Nagar, Katta Maisamma Housing Colony,
Rasoolpura, Secunderabad Mandal, and Hyderabad; that in the year 2006, the
Government of India has introduced a Housing Scheme to the landless poor
people by name 'VAMBAY Housing Scheme', which has been implemented in
erstwhile of Andhra Pradesh and now, by Telangana State Housing Corporation
Limited.
3.1. It is further averred that under the aforesaid Housing Scheme, by
demolishing 235 houses of the original patta holders, who include the petitioners,
at Krishnanagar, 484 houses were constructed approximately in Acs.2.00;
however, only 135 of the patta holders were provided with houses under the
VAMBAY scheme and the remaining 100 patta holders were not allotted houses
under the VAMBAY Scheme; and that the remaining vacant houses have been
illegally occupied by third parties. Aggrieved by non-allotment of houses at
LNA, J
Hyderabad or Secunderabad to the petitioners under any of the Housing Schemes
in vogue, the present Writ Petition is filed.
4. Learned counsel for the petitioners submitted that the number of possession
certificates issued significantly outnumbered the number of houses available; that
during construction of houses under the VAMBAY Scheme, in the year 2004-05,
extensive fraud occurred as regards issuance of possession certificates and pattas
to illegal occupants and third parties by government officials.
5. Learned counsel for the petitioners relied upon the letter dated 27.11.2015
addressed by respondent No.5 to respondent No.3, (which were said to be
obtained through RTI Act), wherein it is stated that respondent No.5, after field
inspection by 11 Tahsildars, submitted a report in the year 2012 confirming the
irregularities that occurred in VAMBAY Scheme. The report revealed that
genuine families holding D-Form pattas were denied allotment of houses under
the VAMBAY scheme, while some families basing on possession certificates
obtained by fraudulent means occupied the houses.
5.1. Learned counsel for petitioners further submitted that when the Government
officials tried to evict the illegal occupants by issuing notice, the latter
approached this Court and filed Writ Petition Nos.33856 of 2010, 268 of 2011
LNA, J
and 10576, 10577 and 8353 of 2012 and this Court passed interim order granting
status quo.
6. Learned counsel for petitioners finally submitted that several representations
were given by the petitioners to respondent No.3 for allotment houses under the
VAMBAY scheme as per their pattas and possession certificates, but till date,
houses are not allotted to the petitioners. He further submitted that the
Government is constructing houses under Double Bed Room Scheme (2BHK) in
the remaining 2 acres of open land in the same colony and hence, prayed to direct
the respondents to allot houses to the petitioners in the same colony.
7. Learned Assistant Government Pleader for Assignment appearing for
respondent Nos.1 to 6, by referring to counter filed by respondent No.6,
submitted that the land shown in the possession certificates of the petitioners is
not being utilized for construction of 2BHK houses, but the same was utilized for
construction of houses under VAMBAY Housing Scheme. He further submitted
that all the 484 houses constructed under VAMBAY Housing Scheme are under
occupation and as such, it is not feasible to allot houses to the petitioners at
Krishna Nagar under the VAMBAY Scheme.
7.1. He further fairly submitted that the request of the petitioners, except
petitioner Nos.7, 10 and 18, who were already allotted houses at Krishna Nagar, if
LNA, J
found eligible, will be considered in any of the ongoing Housing Schemes as per
the eligibility norms in force and prayed to dismiss the Writ Petition.
8. Learned Standing Counsel for respondent No.7, by referring to counter,
submitted that the petitioners have neither made any allegation nor sought any
relief against respondent No.7, therefore, respondent No.7 is neither a proper nor
necessary party to the writ petition, and as such, the Writ Petition is liable to be
dismissed for misjoinder of parties.
9. This Court gave its earnest consideration to the submissions made by learned
counsel for all the parties and perused the entire material available on record.
10. Admittedly, the houses of the petitioners, who are the original patta holders,
were demolished for construction of houses under VAMBAY Housing Scheme
and they were assured of allotment of houses under the said Scheme in lieu of
demolition of their respective houses. It is alleged that out of the total 235
beneficiary families, only 135 families were issued provided with houses and the
remaining 100 families, which include the families of the petitioners, were not
provided with any houses under the VAMBAY Scheme. The said fact was
admitted by respondent No.6 in the counter. Further, in the letter, dated
27.11.2015, addressed by RDO, Secunderabad Division to the Collector,
Hyderabad, there is mention of report, which is submitted on conducting a massive
LNA, J
field inspection by as many as 11 Tahsildars, to the effect that certain genuine
families who are having D-form pattas which were given prior to their eviction
were not given houses. The petitioners also possess pattas in their favour prior to
their eviction and hence, they invariably fall under the category of genuine families
entitled for allotment of houses under the Housing Schemes in force, however, as
of now, the petitioners were not allotted houses under the VAMBAY Housing
Scheme. The petitioners cannot be deprived of their legitimate right for allotment
of houses to them. The State in all its wisdom cannot ignore the request of the
petitioners for allotment of houses to them under the existing Housing Schemes in
force. It is unjust and unfair that the petitioners who are the genuine beneficiaries
to the VAMBAY Housing Scheme were not allotted houses till now.
11. In view of the above, this Writ Petition is disposed of directing respondents
to consider the representations of the petitioners, except petitioner Nos.7, 10 and
18, for allotment of houses, if found eligible in any of the ongoing Housing
Schemes as per eligibility norms in force, as expeditiously as possible.
12. Miscellaneous petitions pending, if any, shall stand closed. No costs.
___________________________________
LAXMI NARAYANA ALISHETTY, J
Date:02.04.2026
dr
