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2025 DIGILAW 1933 (TS)

Integrated New Life Society For Education And Development v. State Of Telangana, Rep. By Its Principal Secretary, Department Of Medical And Health Department

2025-12-30

NAGESH BHEEMAPAKA

body2025
ORDER : NAGESH BHEEMAPAKA, J. It is stated, petitioner - Integrated New Life Society for Education and Development (INSED) is a voluntary and charitable organization duly registered under the Societies Registration Act, 1350 Fasli, vide Registration No. 1667/2000, and that the Society was established on 17.02.2000 with its headquarters at Sangareddy. The primary and avowed object of the Society is to provide shelter, care, medical treatment and long-term rehabilitation to mentally-ill destitute persons who are found roaming on roads, streets, footpaths, public places and hospital surroundings without food, clothing, shelter or access to medical care, and who are otherwise abandoned by society. 1.1. Petitioner stated that the Founder and President of the Society is an advocate by profession, who, moved by humanitarian considerations, consciously gave up his legal practice in 2000 and since then dedicated his entire life, time, energy and personal resources exclusively to the welfare and rehabilitation of mentally-ill destitute persons. It is contended that from the inception of the institution till date, Petitioner Society has rehabilitated approximately 749 mentally-ill destitute persons by providing them shelter, treatment and care and thereafter, reuniting them with their respective families. At the relevant point of time, prior to the impugned actions of the respondents, as many as 57 inmates were residing in the institution under the care and supervision of the Petitioner Society. 1.2. The institution was functioning from the premises of the Government Hospital, Sangareddy, openly and continuously, with the full knowledge, consent and active support of the District Administration. Several former District Collectors, including Sri Burra Venkatesham, Sri Piyush Kumar and Sri Vasam Venkateswarlu, had extended support to the institution by facilitating allotment of land, sanction of funds, payment of salaries to staff and providing administrative assistance. According to Petitioner, owing to such support, the institution functioned smoothly and without interruption for more than two decades, namely from the year 2000 till 2021. 1.3. It is further contended that in or around September 2021, the authorities issued notice to Petitioner Society to vacate the Government Hospital premises, citing the proposed construction of a Medical College and Nursing College. Upon receipt of such notice, Petitioner submitted a representation dated 27.09.2021 requesting reasonable time and seeking allotment of alternative accommodation to ensure the safety and welfare of the mentally-ill inmates. Upon receipt of such notice, Petitioner submitted a representation dated 27.09.2021 requesting reasonable time and seeking allotment of alternative accommodation to ensure the safety and welfare of the mentally-ill inmates. Thereafter, additional representations dated 28.09.2021, 01.02.2022 and 02.03.2022 were submitted to the competent authorities seeking allotment of alternative Government land, initially to an extent of Acs.5-00 guntas and subsequently to Acs.10-00, along with financial assistance for construction of suitable buildings to house the inmates. Petitioner contends that despite repeated and continuous representations, no decision was communicated by the authorities for a considerable period of time. 1.4. Petitioner placed reliance on Article 21 of the Constitution and contends that forcible shifting of mentally-ill destitute persons from a familiar and stable environment to the Institute of Mental Health, Erragadda, Hyderabad, would seriously endanger their lives, dignity and psychological well- being and would amount to violation of their fundamental right to life and dignity. Reference is also made to mental health legislations enacted in 1987 and subsequent enactments relating to equal opportunities, protection of rights and full participation of persons with disabilities, and it is contended that the actions of the respondents are contrary to the spirit and object of the said enactments. In these circumstances, Petitioner filed Writ Petition No.24350 of 2022 challenging the proposed shifting of inmates and seeking allotment of alternative Government land. This Court, by order dated 14.06.2022, permitted respondents to shift the inmates to the Institute of Mental Health, Erragadda, Hyderabad, while simultaneously directing the District Collector, Sangareddy, to consider Petitioner's representation dated 02.03.2022 and to pass appropriate orders for allotment of land in accordance with law within eight weeks from the date of receipt of the order. 1.5. Petitioner also alleges that despite receipt of the said order and despite lapse of the stipulated time, the District Collector did not pass any order on the representation, thereby compelling the Petitioner to initiate Contempt Case No.82 of 2023. During the said contempt proceedings, the District Collector filed Letter dated 28.02.2023 stating that no suitable Government land is available for allotment to Petitioner Society based on reports submitted by the Revenue Divisional Officers, and on the basis of the said communication, the contempt case came to be closed. During the said contempt proceedings, the District Collector filed Letter dated 28.02.2023 stating that no suitable Government land is available for allotment to Petitioner Society based on reports submitted by the Revenue Divisional Officers, and on the basis of the said communication, the contempt case came to be closed. Petitioner asserts that the said letter dated 28.02.2023 is false, misleading and suppressive of material facts, inasmuch as Government land is, in fact, available in several villages, including Aliabad, Cherlagopularam and Terpole villages of Kondapur Mandal, Sangareddy District. It is contended that District Administration has been allotting Government land for various other purposes such as party offices, Rythu Vedikas, parks, graveyards, caste associations and similar activities, while denying land to an institution catering to mentally ill destitute persons, thereby indulging in arbitrary discrimination. 1.6. It is further contended that the forcible separation of mentally-ill mothers from the children has caused severe emotional and psychological trauma. Petitioner specifically refers to two mentally-ill mothers whose two female children are studying in 9 th and 10 th classes respectively in Hyderabad, and contends that separation has disrupted their emotional bonding and may result in relapse of mental illness. It is alleged that some inmates have died after shifting and that remaining inmates are housed in congested conditions at the Institute of Mental Health, Erragadda, where doctors have advised the Petitioner to arrange alternative accommodation due to overcrowding. On the basis of the aforesaid facts and circumstances, Petitioner seeks a declaration that Letter dated 28.02.2023 is illegal, arbitrary and violative of the fundamental rights guaranteed under the Constitution and consequently seeks a direction to the respondents to allot Government land to an extent of Ac. 10-00 guntas to the Petitioner Society, along with sufficient financial assistance for construction of suitable buildings for rehabilitation of mentally-ill destitute persons. 2. Respondent No.4 - District Collector, Sangareddy, filed a detailed counter traversing and denying the allegations made by Petitioner, except those expressly admitted therein. It is stated, Government of Telangana sanctioned establishment of a Medical College and a Nursing College in Sangareddy District and, for the said purpose, directed identification of suitable Government land to an extent of approximately Acs.30-00. In compliance with the said directions, Government land situated in Survey Nos. It is stated, Government of Telangana sanctioned establishment of a Medical College and a Nursing College in Sangareddy District and, for the said purpose, directed identification of suitable Government land to an extent of approximately Acs.30-00. In compliance with the said directions, Government land situated in Survey Nos. 268, 269, 556, 558 to 582, 590 and 591, admeasuring Acs.20-11 guntas and forming part of the premises of the District Government Headquarters Hospital, Sangareddy, was found feasible for construction of the Medical College. Further, Government land in Survey No. 403 to an extent of Acs. 10-00, pertaining to the old police quarters situated in Sangareddy Village and Mandal, was identified as feasible for construction of the Nursing College. It is stated that the said lands were formally handed over to the Medical Department vide proceedings of the District Collector, Sangareddy, dated 01.07.2021. 2.1. It is further stated, Petitioner submitted the representation dated 02.03.2022 seeking allotment of Government land to an extent of Acs. 10-00 guntas for establishment of permanent structures for its organization. Upon receipt of the said representation, the District Administration initiated the process of verification and called for reports from the Revenue Divisional Officers concerned regarding availability of suitable Government land. While the matter was under consideration, Petitioner filed Writ Petition No. 24350 of 2022 before this Court. In the said Writ Petition, learned Advocate General submitted that the inmates of the Petitioner organization would be shifted to the Institute of Mental Health, Erragadda, Hyderabad, which is a premier mental health institution, and that all medical and basic requirements of the inmates would be duly taken care of by the Government. It was further stated, insofar as the request of Petitioner for allotment of Government land is concerned, the same would be considered by the District Collector in accordance with the applicable Government policy and subject to availability of suitable land. Recording the said submissions, the Writ Petition was disposed of by order dated 14.06.2022 directing the respondent authorities to shift the inmates of the Petitioner organization to the Institute of Mental Health, Erragadda, Hyderabad, and further directing the District Collector, Sangareddy, to consider the representation of Petitioner dated 02.03.2022 and to pass necessary orders in accordance with law within eight weeks. 2.2. 2.2. Respondent No.4 states that in compliance with the said order, the Superintendent, Government General Hospital, Sangareddy, shifted the inmates of the INSED organization to the Institute of Mental Health, Erragadda, Hyderabad on 22.07.2022, admitting them as in-patients. Thereafter, reports were received from the Revenue Divisional Officers of Sangareddy District on 27.02.2023, wherein it was categorically reported that no suitable Government land is available for allotment to Petitioner in terms of the Land Allotment Policy contained in G.O.Ms.No.571, Revenue (Assignment-1) Department, dated 14.09.2012. It is stated that based on the said reports, Petitioner was informed vide Letter dated 28.02.2023 that the request for allotment of Government land to an extent of Acs. 10-00 could not be considered and was accordingly, rejected due to non-availability of suitable Government land. The said factual position was also placed before this Court, pursuant to which Contempt Case No.82 of 2023 came to be closed. 2.3. Respondent No.4 specifically denies the allegation that any false or misleading report was submitted to this Court. It is stated that lands referred to by Petitioner were subjected to detailed verification through the Tahsildar, Kondapur Mandal. Upon such verification, it was found that Survey No.300 does not exist in Aliyabad Village as per revenue records; Survey No. 29 of Aliyabad Village is already utilized for multiple public purposes, that lands in Terpole Village are either assigned to beneficiaries, rocky and unfit for construction, or of very small extents rendering them unsuitable, and that lands in Cherlagopularam Village are fully assigned, leaving no balance Government land available for allotment. 2.4. It is contended that there is an acute shortage of Government land in Sangareddy District and that the administration is required to utilize available land judiciously for various public purposes. Under the prevailing Land Allotment Policy contained in G.O.Ms.No.571 dated 14.09.2012, there is no provision for allotment of Government land free of cost to non-governmental organizations or societies, and that the request of Petitioner is therefore, contrary to the said policy. It is also stated that all the inmates of Petitioner organization have been accommodated safely in recognized institutions, including the Institute of Mental Health, Erragadda, Hyderabad, Kasturba National Memorial Trust, Langar House, Hyderabad, and Xavier Michael Home for the Disabled, Bansalalpet, Secunderabad, and that their safety, medical care and basic needs are being duly taken care of. 3. It is also stated that all the inmates of Petitioner organization have been accommodated safely in recognized institutions, including the Institute of Mental Health, Erragadda, Hyderabad, Kasturba National Memorial Trust, Langar House, Hyderabad, and Xavier Michael Home for the Disabled, Bansalalpet, Secunderabad, and that their safety, medical care and basic needs are being duly taken care of. 3. Heard Sri P. Padma Rao, learned counsel for petitioner as well as Sri S. Rahul Reddy, learned Special Government Pleader on behalf of respondents. 4. At the outset, it is to be noted that certain foundational facts are not in dispute. Establishment of Petitioner Society in 2000, its registration under the Societies Registration Act, 1350 Fasli, and its engagement in activities relating to shelter, treatment and rehabilitation of mentally-ill destitute persons are admitted. It is also undisputed that the institution was functioning from the premises of the Government Hospital, Sangareddy, for a considerable period of time and that such functioning was within the knowledge of the District Administration. It is further an admitted position that pursuant to the sanction accorded by the Government of Telangana for establishment of a Medical College and Nursing College in Sangareddy District, the land in the Government Hospital premises was required for the said public purpose. In compliance with the directions in Writ Petition No.24350 of 2022 dated 14.06.2022, the inmates of Petitioner institution were shifted to the Institute of Mental Health, Erragadda, Hyderabad, and admitted as in-patients. The legality of the said shifting is no longer res integra, having been permitted by this Court in the earlier writ proceedings. 5. The limited issue that arises for consideration is whether the action of the District Collector, Sangareddy, in rejecting Petitioner's request for allotment of Government land to an extent of Acs.10-00, as communicated through Letter dated 28.02.2023, is vitiated by illegality, arbitrariness, mala fides or misrepresentation so as to warrant interference by this Court under Article 226 of the Constitution. 6. This Court is conscious of the fact that by order dated 14.06.2022 in Writ Petition No. 24350 2022, the District Collector was directed to consider the representation of petitioner dated 02.03.2022 and pass appropriate orders in accordance with law. The said direction did not confer an automatic or vested right upon Petitioner for allotment of land, nor did it mandate allotment as a matter of course. The said direction did not confer an automatic or vested right upon Petitioner for allotment of land, nor did it mandate allotment as a matter of course. The direction was expressly circumscribed by the requirement of consideration in accordance with the applicable policy and subject to availability of suitable Government land. 7. A perusal of the counter reveals that pursuant to the said direction, reports were called for from the Revenue Divisional Officers of Sangareddy District regarding availability of Government land. The reports received on 27.02.2023 categorically indicated that no suitable Government land is available for allotment to Petitioner organization in terms of the prevailing land allotment policy. Based on the said reports, the District Collector communicated the decision to Petitioner vide Letter dated 28.02.2023 rejecting the request for allotment of land. Petitioner alleged that Government land is available in several villages and that the report placed before this Court is false and misleading However, this allegation has been specifically and elaborately rebutted by Respondent No.4 by furnishing village-wise and survey-number-wise details, explaining the existing classification, utilization and suitability of the lands referred to by Petitioner. The counter sets out, in clear terms, that certain survey numbers do not exist, certain lands stand fully assigned, and certain extents are either rocky, unfit for construction or of negligible size. Significantly, Petitioner has not placed any documentary material on record to controvert these specific factual assertions or to demonstrate availability of suitable unencumbered Government land. 8. This Court finds merit in the contentions of Respondent No.4 that allotment of Government land is governed by the Land Allotment Policy contained in G.O.Ms.No.571 dated 14.09.2012. The said policy does not provide for free allotment of Government land to non-governmental organizations or societies. Petitioner neither challenged the validity of the said Government Order nor demonstrated any statutory entitlement to seek allotment of land de hors the policy framework. In the absence of such challenge or statutory right, this Court cannot issue a mandamus compelling the authorities to act contrary to the governing policy. 9. As regards the allegation of misrepresentation before this Court leading to closure of Contempt Case No.82 of 2023, this Court notes that the contempt proceedings were closed after considering the explanation and material placed by the District Collector. 9. As regards the allegation of misrepresentation before this Court leading to closure of Contempt Case No.82 of 2023, this Court notes that the contempt proceedings were closed after considering the explanation and material placed by the District Collector. The present Writ Petition, in effect, seeks to reopen issues which were already considered in the contempt proceedings, without placing any fresh or cogent material to establish deliberate falsehood or suppression of material facts. Such re-agitation is impermissible in law. 10. This Court is mindful of the humanitarian concerns highlighted by Petitioner and the emotional and social dimensions involved in the care of mentally-ill destitute persons. However, it is well-settled that sympathy or compassion, howsoever compelling, cannot form the sole basis for issuance of directions under Article 226 particularly when such directions would run contrary to statutory policy or compel allotment of government land in the absence of availability and legal entitlement. 11. In the considered view of this Court, the decision taken by Respondent No.4 is a reasoned administrative decision arrived at after due verification in compliance with the earlier directions of this Court and in consonance with the applicable government policy. No arbitrariness, illegality or constitutional infirmity is made out so as to warrant interference by this Court as the impugned decision is the result of consideration undertaken pursuant to the directions of this Court in Writ Petition No. 24350 of 2022 and in accordance with the prevailing government policy. 12. The Writ Petition is therefore, dismissed. No costs. 13. Consequently, the miscellaneous Applications, if any shall stand closed.