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2026 Supreme(Online)(Tel) 7472

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. Shravan Kumar, J
Sri Vardhini Rajeshwar Rao – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No.6633 of 2026



The court upheld the principle of natural justice by granting the petitioner liberty to respond to a show cause notice and directing the authorities to pass speaking orders after a fair hearing before taking demolition action.

Headnote:The petitioner challenged a show cause notice issued by the municipal authority regarding the construction of a residential building without prior permission and its encroachment upon a 60 feet master plan road alignment. The petitioner contended that the notice was arbitrary and violated Articles 14 and 21 of the Constitution of India. The primary issue was whether the petitioner should be granted an opportunity to respond to the show cause notice before any demolition action was taken. The court observed that the respondent authorities would not proceed with demolition until speaking orders are issued after considering the petitioner's explanation. The writ petition is disposed of granting liberty to the petitioner to submit a reply to the show cause notice, with directions to the authorities to pass appropriate orders after providing a fair opportunity of hearing.

Table of Content
1. challenge to a show cause notice regarding unauthorized construction and road alignment encroachment. (Para 1 , 2 , 3)
2. requirement of a fair hearing and submission of reply before passing speaking orders for demolition. (Para 4 , 5 , 6)

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri.P.Krishna Reddy, learned standing counsel for Municipality appearing for respondent No.2 and learned Assistant Government Pleader for Revenue appearing for respondent Nos.3 and 4. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has being filed seeking the following prayer:-

“to declare the action of the 2nd respondent issuing Show cause Notice Vide No.G1/994/2026 dated 26.02.2026 asking the petitioner to submit explanation and to take further action including demolition of unauthorized structure without any further notice as illegal, arbitrary, discriminatory and violation of principle of natural justice and violative of Article 14 and 21 of the Constitution of India and consequently direct the 2nd respondent to drop enquiry pursuant to Show cause Notice Vide No.G1/994/2026 dated 26.02.2026 and restore petitioner’s building permission.”

3. Learned standing counsel for Municipality appearing for respondent No.2 placed on record instructions issued by the respondent No.2 wherein it is submitted that the respondent No.5 made a complaint alleging that the petitioner has under taken construction of a residential building without obtaining prior building permission from the Municipality. During inspection, it was observed that the said construction is unauthorized and a portion of the building falls within the 60 feet master plan road alignment, thereby affecting the road widening area. Hence, respondent No.2 issued show cause notice bearing No.G1/994/2026 dated 26.02.2026 and instead of submitting a reply to the show cause notice dated 26.02.2026, the petitioner had filed this writ petition. It is further submitted that unless speaking orders are issued, the respondent No.2 would not go ahead with the demolition of the unauthorized construction.

4. At this stage, learned counsel for the petitioner pray this Court to grant liberty to petitioner to submit reply to the impugned show cause notice bearing No.G1/994/2026 dated 26.02.2026.

5. Recording the submission made by learned counsel appearing on either side, this writ petition is disposed of granting liberty to petitioner to submit reply to the show cause notice bearing No.G1/994/2026 dated 26.02.2026. It is made clear that this Court has not expressed any opinion on the merits of the case and it is open for the respondent authorities to consider the petitioner’s reply and after giving fair opportunity of hearing to the concerned parties, shall pass appropriate orders strictly in accordance with law.

6. With the above observations, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

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