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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

WRIT PETITION No.38991 of 2025

DATE OF ORDER: 24.12.2025

BETWEEN:

Dr.G.N.Naidu

… Petitioner

AND

The State of Telangana,

Rep. by its Prl.Secretary and 3 others.

… Respondents

: ORDER :

This writ petition is filed to declare the action of respondent No.3

in issuing the impugned speaking order dated 29.11.2025 vide Notice

No.413/450/451/GHMC/KZ/Cir.17/ TPS/2025, in respect of property

bearing No.7-1-451/27, admeasuring 1013.59 sq.yards, situated in

Sy.Nos.42, 43, 44, Ameetpet, Hyderabad, as illegal and arbitrary and to

set aside the same.

2. Heard Sri Velagapudi Srinivas, learned counsel for the petitioner

and Sri M.Arun Kumar, learned Standing Counsel for respondent Nos.2

and 3.

3. Learned counsel for petitioner submitted that Respondent No.4

filed Writ Petition No.4694 of 2024, and this Court vide orders dated

24.06.2024 directed respondent No.2 herein to issue notice to

respondent Nos.5 to 11 therein, including the petitioner herein, and

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verify the documents submitted by the respondents and to pass

appropriate orders in accordance with law within a period of four weeks

from the date of receipt of a copy of that order. He further submitted

that in purported compliance of the said order, respondent No.3 issued

notice to petitioner and passed the impugned order rejecting the

explanation given by him and further, directed petitioner to remove the

unauthorized construction within 15 days from the date of receipt of the

said order.

4. Learned counsel further submitted that contrary to the order

passed by this Court in Writ Petition No.4694 of 2024 as well as Section

406 of the GHMC Act, 1955, the Deputy Commissioner conducted an

enquiry and passed the impugned speaking order. He further submitted

that as per Section 406 of the GHMC Act, only the Commissioner is

empowered to order removal of structures, therefore, the impugned

order passed by respondent No.3-Deputy Commissioner is per se

illegal/without jurisdiction/authority and therefore, unsustainable and

hence, prayed to pass appropriate orders remanding the matter to

respondent No.2-Commissioner to conduct fresh enquiry and pass

appropriate orders.

5. Learned Standing Counsel for respondent Nos.2 and 3 submitted

that the Commissioner has delegated certain powers to the

Zonal/Deputy Commissioners and in exercise of such powers, the

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impugned order was passed by the Deputy Commissioner. However, in

support of the said submission, no material is placed on record.

6. Learned counsel for the petitioner principally contended that

respondent No.3 is not empowered to pass impugned orders since under

Section 406 of the GHMC Act, 1955, only the Commissioner is

empowered to exercise such powers.

7. It is appropriate to refer to Section 406 of the GHMC Act which

reads as under;

“ 406. Power to require removal of a structure or fixture

erected or set up.

- The Commissioner may, by written notice, require the owner,

occupier of any premises contiguous to, or in front of, or in

connection with which any wall, fence, rail, post, step, booth or

other structure or fixture which it would be unlawful to erect or

set up under this Act has been erected or set up to remove the

said wall, fence, rail, post, step, booth or other structure or

thing:

Provided that, if any such case the structure or fixture shall

have been lawfully erected or set up, compensation shall be

paid by the Commissioner to every person who sustains loss or

damage by the removal or alteration thereof.”

8. A bare reading of Section 406 of the GHMC Act, makes it clear

that only Commissioner is empowered to pass orders under Section 406

of the Act and admittedly in the present case, respondent No.3 who is

Deputy Commissioner has passed the impugned order without

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authority/jurisdiction, therefore, the impugned order dated 29.11.2025

passed by respondent No.3 is unsustainable and the is liable to be set

aside.

9. Accordingly, this Writ Petition is allowed and the imp