IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3844 of 2026 DATED: 11.02.2026 Between:

T.(K). Aruna Devi. …Petitioner AND The State of Telangana, Represented by its Principal Secretary, Municipal and Urban Development, Telangana State Secretariat, Hyderabad and 4 others. …Respondents

ORDER

This Writ petition is filed to declare the action of the respondent Nos.2 to 5 particularly respondent Nos.4 and 5 in demolishing the compound wall of the house bearing No.8-4-90, Uday Nagar Colony Kharmanghat, Hyderabad without considering the explanation submitted on 24.01.2026 as illegal, arbitrary, unconstitutional and for consequential prayer.

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for MA & UD appearing for respondent No.1 and Sri Srinivasa Rao Pachwa, learned Standing Counsel for GHMC appearing for respondent Nos.2 to 5. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

3. Learned counsel for the petitioner submits that Petitioner is the absolute owner and possessor of Plot No.71 situated at Udayi Nagar Colony, Kharmanghat, Hyderabad, in Survey Nos.166, 167, 168, 172, 173, 180 and 181, covered under the then Lalbahadur Nagar Municipality (hereinafter referred to as “subject property”), having purchased the same under a registered Sale Deed dated 28.06.1983 registered before the Sub- Registrar, Hyderabad East. Subsequently, the Petitioner obtained building permission from the Municipal Commissioner, L.B. Nagar, Ranga Reddy District vide Proceedings No.G1/BP/359/2001 dated 01.08.2001 and constructed the building, strictly in accordance as per sanctioned plan. In the year 2016, the petitioner’s neighbour Sri M. Venu started making illegal constructions without leaving the required setbacks. The petitioner submitted oral as well as written complaints dated 18.10.2016 and 22.10.2016 to the respondent authorities seeking action against the said illegal construction. While so, respondent No.4 issued Notice bearing No.01/Encro/TPS/ACP/C13/LBNZ/GHMC/2026/1 dated 12.01.2026 under Sections 452(1), 461(1), 402 and 405 of the Hyderabad Municipal Corporation Act, 1955 alleging that the petitioner constructed a compound wall encroaching upon a Nala and road portion, thereby obstructing the free flow of rainwater. The petitioner submitted a detailed explanation on 24.01.2026 specifically denying any encroachment and requested time to produce relevant documents. However, without considering the explanation and without conducting any proper survey or affording an opportunity of personal hearing, the respondents demolished the compound wall on 28.01.2026.

Aggrieved by the same the present writ petition is filed.

4. Learned Counsel for the Petitioner submits that Respondent No.4 issued notice dated 12.01.2026 alleging specific extents of encroachment referring under Sections 452(1), 461(1), 402 and 405 of the Hyderabad Municipal Corporation Act, 1955 and the said notice is wholly bereft of material particulars and reasons, as it does not disclose the basis for arriving at the alleged extent of encroachment. Learned counsel would further submit that, notwithstanding the defects in the notice, the Petitioner submitted a detailed explanation on 24.01.2026 specifically denying the allegations and requested to grant an opportunity to produce relevant documents and for conduct of a proper survey in his presence. However, without considering the explanation submitted by the petitioner, respondent No.4 demolished the compound wall on 28.01.2026, in a high-handed and arbitrary manner.

5. Learned Standing Counsel for GHMC appearing for respondent Nos.2 to 5 placed on record the instructions issued by Assistant City Planner, Circle No.13, L.B.Nagar Circle, L.B. Nagar Zone, Ranga Reddy District wherein it is stated that Office (Town Planning Section) received an urgent office note from engineeri