IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION Nos.288 and 1704 of 2026

20^th January, 2026 Between:

Khaja Qutubuddin Khan S/o late Khaja Moinuddin Khan … Petitioner AND

1. Union of India, Ministry of Defence, represented by Its Secretary, North Block, Central Secretariat, New Delhi- 110 004, and others … Respondents

ORDER

The parties in these two writ petitions are the same, and the subject matter relates to the premises bearing Bungalow No.221/B, situated at Club Road, Secunderabad.

1.1 With the grievance that the respondent–Cantonment Board has been interfering with the petitioner’s peaceful possession and enjoyment of the subject premises, admeasuring 9703 square yards, including the structures existing thereon, at West Marredpally towards AOC Gate, without following due process of law, the petitioner filed W.P.No.288 of 2026. This Court, by interim order dated 07.01.2026, directed both parties to maintain status quo existing as on 07.01.2026 until the next date of hearing, i.e., 19.01.2026. While so, respondent No.2, the Chief Executive Officer, Secunderabad Cantonment Board, issued the impugned order under Section 249 of the Cantonments Act, 2006, vide letter dated

12.01.2026, inter alia stating as follows:

“Sub: Sealing of premises in respect of Bungalow No.221/B in GLR Sy.No.691, Secunderabad Cantonment Area – Reg.

1. …On physical inspection by the officials of Secunderabad Cantonment Board, it has been observed that you have been proceeding with unauthorized construction on the subject property without any prior sanction and, more precisely, a massive shed of size 220’-00” x 60’-00”, after removing the old unauthorized shed of size 110’-00” x 66’-00”, is being constructed consisting of iron girders and tin sheets, which is altogether a new construction. Further, despite an order of status quo by the Hon’ble High Court, you are proceeding with further unauthorized construction unabatedly so as to complete the construction in violation of the order of status quo granted by the Hon’ble High Court on 07.01.2026. The audio, video, and photographs obtained on 09.01.2026 and 11.01.2026 indicate commission of continuous unauthorized construction in violation of the order of status quo granted by the Hon’ble High Court.

2. In view of the above, in order to stop further illegal construction in Bungalow No.221/B and to maintain the order of status quo passed by the Hon’ble High Court of Telangana State dated 07.01.2026 in W.P.No.288 of 2026, the undersigned, in exercise of powers conferred under Section 249 of the Cantonments Act, 2006, hereby orders sealing of the unauthorized construction forthwith. 3. Further, you are hereby directed not to remove the said seal until further orders of the undersigned. In case of any contravention, you are liable to be punished with imprisonment which may extend up to six months or with fine which may extend up to Rs.20,000/-, or with both.”

1.2. Alleging that the respondent No.2–Cantonment Board officials have illegally sealed the subject premises, the petitioner filed this writ petition, W.P.No.1704 of 2026, which is taken up as a lunch motion today.

2. Heard Mr. B. Vamshidhar Reddy, learned counsel for the petitioner, and Ms. N.V.R. Rajya Lakshmi, learned Standing Counsel for the Central Government, representing Mr. N. Bhujanga Rao, learned Deputy Solicitor General. Perused the record.

3. Learned counsel for the petitioner essentially contends that the petitioner has not violated the status quo orders and that whatever activity is being carried on in the subject premises is only repair and maintenance work necessitated due to water clogging, etc. It is further contended that the respondent officials have illegally entered the premises, taken photographs and videographs to collect “evidence”, and illegally sealed the premises, and therefore the respondent authorities may be directed to unseal the subject premises.

4. Per contra, learned