K.Shafiulla vs The State Of Telangana & Ors.

(per the Hon’ble Sri Justice Suddala Chalapathi Rao)

Heard Ms.Pujari Srilekha, learned counsel for the petitioner, Mrs.G.Vijaya Kumari, learned Assistant Government Pleader for Law and Legislative Affairs Department, appearing for respondent No.2, Mr.G.Vidya Sagar, learned Senior Counsel representing Smt.K.Udaya Sri, learned counsel for respondent Nos.4 to 7, Sri S.Vivek, learned Assistant Government Pleader for Roads and Buildings Department, appearing for respondent No.8, Mr.Y.Soma Srinath Reddy, learned counsel for the implead petitioner in I.A.No.4 of 2026, Mr.Md.Arshad Ahmed, learned counsel for the implead petitioner in I.A.No.5 of 2026, and Mr.V.Raghunath, learned Senior Counsel representing Mr.K.Ajith Reddy, learned counsel for the implead petitioners in I.A.No.6 of 2026.

The present Writ Petition by way of Public Interest Litigation has been filed by the petitioner, seeking the following relief:-

The brief facts of the case, as stated in the affidavit filed in support of the Writ Petition, are that the petitioner is an Advocate enrolled with the Bar Council and is presently practising before the Courts at Jogulamba Gadwal District. He has also served as the General Secretary of the Gadwal Bar Association during the year 2025.

It is stated that, after the formation of the new revenue districts in the State of Telangana, 33 Judicial Districts were carved out and a proposal was made for construction of a new District Court Complex at Jogulamba Gadwal. In the meeting held on 25.06.2019, the Government reported that land to an extent of Ac.5.00 was available at Jogulamba Gadwal for being alienated to the Judicial Department for construction of the Judicial Complex.

Subsequently, vide proceedings in ROC.No.433/2019-D-II(B), dated 13.09.2019, respondent No.5 addressed respondent No.3 to identify at least Ac.25.00 of land for establishment of the Judicial District and construction of the Judicial Complex along with the necessary infrastructure. In response thereto, on 17.12.2020, the then Principal District and Sessions Judge, Mahabubnagar, vide proceedings in E2/738/2019, informed respondent No.5 that, after conducting a survey, respondent No.3 had identified land admeasuring Ac.15.00 guntas in Sy.No.368, situated within the limits of Pudur Village, Jogulamba Gadwal Revenue District, and thereafter, vide proceedings in E2/738/2019, dated 23.03.2022, respondent No.3 requested the Chief Commissioner of Land Administration to accord permission for handing over possession of the said land admeasuring Ac.15.00 guntas in Sy.No.368 of Pudur Village to the concerned officials of the Judicial Department.

It is the further case of the petitioner that, after due deliberations and consideration by the authorities, the Government sanctioned land admeasuring Ac.10.00 guntas in Sy.No.368 of Pudur Village for construction of the New District Court Building and residential quarters, vide G.O.Ms.No.52, dated 26.05.2022, and the possession of the said land was handed over to the Judicial Department on 08.06.2022 and that the proposed site was inspected on 14.06.2022 by the representatives of the Judicial Department, Revenue Department, Roads and Buildings Department and the Bar Association and noticed certain issues relating to the approach road. Though the existing approach road was about 30 feet wide, it was reported that the same could be widened to 100 feet by utilising the adjoining land belonging to the Handloom Department. It is further stated that the site was accessible and was situated at a distance of approximately 6 kilometres from National Highway No.44.

The petitioner further submits that certain members of the Bar Association raised objections with regard to the proposed site and suggested alternative locations, including the old PJP Camp situated in Sy.Nos.779, 780 and 782, and other lands at Jammichedu. However, the authorities, after examining the matter, reported that the alternative site at PJP Camp was not feasible and that the approach road to the land in Sy.No.368 could be widened. Thus, the land already identified and sanctioned for construction of the Court Complex continued to be the proposed site.

It is further contended that the Tahsildar formally handed over physical possession on 21.06.2022 after conducting the necessary panchanama, and that the boundaries were fixed and the relevant revenue records, including the Phodi map, Tippan and area calculation statement, were prepared. The same was also communicated by the District Judge on 29.06.2022.

It is further stated that the Government issued G.O.Rt.No.597, dated 14.11.2024, according administrative sanction for an amount of Rs.81 crores towards construction of the 10+2 Court Complex, including the Family Court and POCSO Court. Thereafter, a revised administrative sanction for an amount of Rs.99.28 crores was also sought for the project.

The petitioner further submits that the construction work was entrusted to respondent No.9, M/s KMV Projects Ltd., with a stipulated period of 24 months for completion of the work. However, despite the identification of the land, handing over of possession and the administrative steps taken for construction of the Court Complex, the construction work had not been commenced.

It is stated that, vide proceedings in ROC.No.433/2019-D-II(B), dated 20.05.2026, respondent No.7 addressed respondent No.4 to hand over the sanctioned land admeasuring Ac.10.00 guntas in Sy.No.368 of Pudur Village to respondent No.8, the Chief Engineer (R&B) Department. Accordingly, the said land was handed over to respondent No.8 vide proceedings No.779/2026, dated 26.05.2026.

The petitioner further states that, for the purpose of laying the foundation stone, respondent No.4 addressed the concerned authorities vide proceedings dated 10.06.2026, requesting them to furnish a detailed ground report with regard to the land handed over for the proposed construction of the District Court Complex. Thereafter, vide letter dated 11.06.2026, the concerned authority informed respondent No.4 that the proposed site was ready for laying the foundation stone.

It is the main grievance of the petitioner that, even though the land was identified, sanctioned and handed over to the concerned department, and the necessary administrative steps were taken for construction of the Integrated District Court Complex, the respondents have not taken effective steps for commencing the construction.

The petitioner further submits that, during the interregnum period, the existing Court premises are not provided with adequate basic infrastructural facilities and amenities, in particular, for separate washrooms for women Advocates, litigants and staff. Therefore, the petitioner has approached this Court seeking appropriate directions to the respondents for commencement and completion of the proposed Integrated District Court Complex and for providing necessary basic amenities in the existing Court premises till completion of the new building.

Having considered the submissions made on behalf of the petitioner and the respondents, and having perused the material available on record, it is evident that the land admeasuring Ac.10.00 guntas in Sy.No.368 of Pudur Village was identified and sanctioned for the said purpose, and possession of the land was also handed over to the concerned department and necessary steps have already been taken by the concerned authorities for establishment of the Integrated District Court Complex at Jogulamba Gadwal.

In the considered view of this Court, establishment of an Integrated District Court Complex is essential for the effective functioning of the District Judiciary, as the availability of adequate Court buildings and necessary infrastructure is not merely a facility for the Advocates and the staff, but is also essential for ensuring proper access to justice for litigants and the general public.

It is needless to observe that the construction of a Court Complex involves various administrative and technical procedures, including preparation and approval of plans, allocation and release of funds, and completion of other formalities by the competent authorities. Therefore, this Court is not inclined to issue a direction fixing a particular date for laying the foundation stone or for completion of the entire project. However, the concerned authorities are expected to take all necessary steps without any further delay and make every endeavour to commence and complete the construction at the earliest.

The grievance of the petitioner, apart from the delay in construction of the new Court Complex, is the absence of adequate basic infrastructural facilities in the existing Court premises. The material placed before this Court indicates that the District Judiciary is functioning from different premises and that the existing facilities require improvement.

It is well settled that access to justice is an important facet of the right to life guaranteed under Article 21 of the Constitution of India. For effective administration of justice, it is necessary that the Court premises are provided with basic amenities and facilities for Advocates, litigants, staff and all other persons visiting the Courts, in particular, separate and adequate washroom facilities for women advocates, litigants and staff are essential and cannot be overlooked.

In the circumstances, this Court is of the view that, while the concerned authorities are required to take necessary steps for commencement and completion of the proposed Integrated District Court Complex, adequate basic amenities should also be provided in the existing Court premises during the interregnum period.

Accordingly, respondent No.1 is expected to take necessary steps, in coordination with the concerned authorities, for commencement and completion of the construction of the Integrated District Court Complex at Jogulamba Gadwal at the earliest. Further, respondent No.1 is also directed to ensure that necessary basic infrastructural facilities and amenities, including separate washrooms for women advocates, litigants and staff, are provided in the existing District Court premises at Jogulamba Gadwal, pending completion of the proposed Integrated District Court Complex.

With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending shall stand closed.