IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.36432 of 2025 DATE OF ORDER: 19.02.2026 Between:

Kumari M.Chandrakala and Other …Petitioners AND Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Office at Lower Tank Bund, Hyderabad-29 and others.

…Respondents

ORDER:

Heard learned counsel for the petitioners and Sri G.Madhusudan Reddy, learned Standing Counsel for GHMC appearing for respondent Nos.1 to 4. With the consent of both the parties, the writ petition is being taken up for disposal.

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

“to issue order(s) or direction(s) one in nature of Writ of Certiorari to call for the records of the respondent No.2 speaking order dt.26.07.2025 and quash the same by declaring it as illegal, arbitrary and violative of Art. 19, 21 and 300-A of Indian Constitution, apart from being contrary to the provisions of GHMC Act 1955 and issue a consequential direction directing the respondent No.2 to demolish all the unauthorized, illegal and deviated construction made by the respondent No.5 in the premises bearing No.10-5-341/2, North Lalaguda, Secunderabad and pass such other or further orders as this Hon’ble Court deems fit and proper in the circumstances of the above case...”

3. Learned counsel for the petitioners submits that the petitioners claim to be owner and possessor of the premises bearing No.10-5-341/3, situated at Tukaramgate, North Lalaguda, Secunderabad, purchased by virtue of registered sale deed dated 16.06.1994. It is contended that respondent No.5. who is their neighbor in H.No.10-5-341/2, North Lalaguda, Secunderabad, has encroached upon the petitioners property on northern side to an extent of about 5x5 feet and constructed a building of four floors on 45 Sq. Yards without obtaining any building permission from respondent Nos.1 to 4 and without maintaining required set backs.

4. It is further submitted that the petitioners submitted a written representation dated 30.01.2025 to respondent Nos.1 to 4 bringing to their notice the illegal construction being carried out in the premises bearing No.10- 5-341/2, North Lalaguda, Secunderabad. As no action was taken by the authorities, the petitioners filed W.P.No.7823 of 2025. This Court, by order dated 13.03.2025, directed respondent No.1 to take action on the petitioners' complaint after giving an opportunity of hearing to the petitioners and respondent Nos.5 and 6. Pursuant thereto, respondent authorities issued notices and passed a speaking order dated 26.07.2025. Thereafter, the said writ petition was disposed of on 29.07.2025, granting liberty to the petitioners to invoke appropriate remedies subject to the outcome of the BRS application filed by respondent No.5, and also granting liberty to challenge the speaking order dated 26.07.2025. It is further submitted that the construction is totally new and the question of BRS (Building Regularization Scheme) application cannot be in picture and that the respondent Nos.1 to 4 has passed speaking order without conducting any hearing and just by taking on record the representation of the petitioner, passed the speaking orders, questioning the speaking orders dated 26.07.2025, the present Writ Petition is filed. Though several grounds are raised in the writ petition, learned counsel for the petitioners confines his submissions to the extent of seeking a direction to the respondent authorities to consider the representation submitted by the petitioners.

5. Learned standing counsel for GHMC submits that to the extent of the consideration of representation of the petitioners, the respondent authorities would consider the same and pass appropriate orders in accordance with law.. 6. Since this Court, time and again, directed the Municipal Authorities to initiate action against the illegal constructions by following due process of law, it is noticed that the authorities are failing to ini