IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.7442 of 2026 DATE OF ORDER: 11.03.2026 Between:

K.Mahesh, S/o. K.Manohar Rao ...Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad & 3 others ...Respondents

ORDER:

This writ petition is filed questioning the action of respondent No.4 in issuing the speaking order No.20/TPS/C-03/MMC/2026, dated 28.02.2026 and all consequential actions pursuant thereto, alleging deviation and unauthorized construction in respect of the petitioner’s property bearing Plot Nos.56 & 57, H.No.10-2-20, situated at Netaji Colony, Fathenagar Division, Bowenpally Circle No.3, Malkajgiri Zone, Medchal-Malkajgiri District (hereinafter referred as “subject property”). A consequential prayer is sought to set aside the speaking order dated 28.02.2026 and further to direct the respondents not to take any coercive steps, including demolition, sealing or interference with the petitioner’s lawful construction, pursuant to the impugned notice.

2. Brief facts of the case as stated are that the petitioner claims to be the owner and possessor of the subject property, which is a private residential property. The petitioner in order to construct an individual residential building consisting of stilt for parking + 2 upper floors applied for building permission through TS-bPASS online system. The petitioner’s application was registered as Building Application File No.010092/GHMC/03254/IABP/C23/2025, dated 28.07.2025. Upon scrutiny, the GHMC granted building permit vide No.2579/GHMC/IA/C23/2025, dated 29.08.2025 permitting the petitioner to construct strictly in accordance with sanctioned plans and applicable building rules. It is further submitted that the petitioner commenced construction and at no point of time has exceeded the sanctioned Stilt + 2 upper floors and had not violated mandatory setbacks. It is further submitted that the allegation made on the petitioner that he raised RCC columns for 3^rd floor is factually incorrect. It is further submitted that while the construction was in progress, the respondent No.4 – Deputy Commissioner, GHMC, Bowenpally Circle No.3, Malkajgiri Zone issued Show Cause Notice dated 20.11.2025 alleging deviation from the sanctioned plan.

Thereafter, the respondent No.4 issued proceedings No.12126/UC/2025, dated 04.12.2025 directing to demolish the alleged unauthorized construction within 15 days. In reply to the proceedings dated 04.12.2025, the petitioner submitted a reply on 02.01.2026 stating that the petitioner made construction by following the sanctioned plan and maintained all mandatory setbacks and that the allegations are baseless. But, till date, the respondents have not considered the petitioner’s reply. Aggrieved by the inaction of respondents on the petitioner’s reply, the petitioner approached this Court by filing W.P.No.1278 of 2026. A Co-ordinate Bench of this Court by order dated 19.01.2026 disposed of W.P.No.1278 of 2026 granting liberty to the petitioner to apply for regularization of the construction under Sections 455-A and 455-AA of GHMC Act, 1955 and further directed that the order dated 04.12.2025 shall remain in abeyance for a period of one month to enable the petitioner to submit an application for regularization of his construction. In compliance to the directions of this Court, the petitioner made representation on 20.01.2026 requesting for regularization of his construction on the subject property. However, a speaking order was issued to the petitioner on 28.02.2026 directing the petitioner to remove the alleged unauthorized constructions within fifteen days. Questioning the same, the present writ petition is filed.

3. Perused the record.

4. On a perusal of the show cause notice dated 20.11.2025 issued by the Deputy Commissioner, Moosapet, Circle-23, GHMC, the petitioner was informed that he is