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2026 Supreme(Online)(Tel) 708

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
Masjid E Azizia Maryam Welfare Society Mancherial – Appellant
Versus
The State of Telangana – Respondent
WP 821/2026



HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY DATE OF ORDER: 09-01-2026 Between:

Masjid E Azizia Maryam Welfare Society ... Petitioner AND The State of Telangana Rep. By its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, and five (5) others.

... Respondents ORDER : (ORAL)

Heard Mr. Md. Ajmal Ahmed, learned counsel for the petitioner, Mr. Putta Krishna Reddy, learned standing counsel for respondent No.2, and learned Assistant Government Pleader for Home, appearing for respondent No.4.

2. Learned standing counsel for respondent No.2 submitted that on complaint lodged by residents of Laxmi Nagar Road No.5, Mancherial, the officials of respondent No.2 conducted enquiry and impugned show-cause notice vide Lr.No.G1/4902 /2025 dated 15.12.2025 has been issued as the petitioner was constructing Muslim Educational Society/Madrasa building as against building permission which was granted for construction of Ground + one upper floor in the property bearing Plot No.3 admeasuring 250 square yards in Survey No.265 situated at Vikas Nagar, Mancherial.

3. Learned counsel for the petitioner submitted that impugned show-cause notice was issued at the instance of respondent Nos.5 and 6 without causing any enquiry. The show-cause notice is in violation of principles of natural justice. The petitioner is constructing residential building. The construction is at the initial stages. If there is any deviation to the sanctioned plan, respondent No.2 is at liberty to take action. However, it is premature for respondent No.2 to come to the conclusion that the property is proposed to be used for Madrasa/Workship place.

4. As seen from the record, impugned show-cause notice dated 15.12.2025 has been issued to the petitioner on the representation submitted by residents of Laxminagar Road No.5, Mancherial, on 10.12.2025 alleging that the petitioner is constructing Muslim Educational Society/Madrasa having obtained residential building permission. The petitioner was directed to show-cause as to why the unauthorized construction made in the subject property shall not be removed within seven (7) days. Further, the petitioner was directed to stop construction work in the subject property.

5. According to learned counsel for the petitioner, the petitioner is constructing residential building in the subject property in accordance with the sanctioned plan. The petitioner has also given undertaking under Ex.P4 dated 10.12.2025 stating that they will only construct residential building as per the sanctioned plan.

6. In view of the above submissions, the writ petition is disposed of, directing the petitioner to submit explanation to the show-cause notice vide Lr.No.G1/4902/2025 dated 15.12.2025 within a period of seven (7) days from today. Thereafter, within seven (7) days respondent No.2 is directed to inspect the subject property and if it is found that the construction is made in accordance with the sanctioned plan, then respondent No.2 shall permit the petitioner to go ahead with construction. The enquiry pursuant to the show-cause notice dated 15.12.2025 shall be completed within a period four (4) weeks from the date of submission of reply by the petitioner, by affording opportunity of hearing to the petitioner, respondent Nos.5 and 6, and all other concerned/interested persons.

7. As this order is passed without entering into the merits, notice to respondent Nos.5 and 6 is dispensed with. If respondent Nos.5 and 6 are in anyway aggrieved by this order, they are liberty to approach this Court, seeking modification of this order. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

______________________ B. VIJAYSEN REDDY, J January 09, 2026

MS

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