The court held that municipal authorities must implement their own speaking orders regarding the removal of unauthorized constructions, directing the execution of the order within four weeks.

ORDER:

The writ petition is filed under Article 226 of Constitution of India seeking the following relief:-

“…to issue a writ of Mandamus or any other appropriate writ, order or direction, declaring the inaction of the respondent Nos.4 and 5 to execute/implement the Speaking Order vide 1673/W-186/TPS/C- 04/MKG/GHMC/2026, dated 20.01.2026 to remove/pull down or demolish the entire unauthorized and illegal construction as illegal, arbitrary, violative of the GHMC Act, 1955 and the Telangana Building Rules consequently direct respondent Nos.4 and 5 to execute/implement the subject speaking order; and further direct initiation of disciplinary action against erring officials and pass such other order or orders.”

2. Heard learned Assistant Government Pleader for Municipal Administration and Urban Development Department appearing for respondent No.1 and Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC appearing on behalf of respondent Nos.2 to 5.

3. The case of the petitioner is that the petitioner made a complaint before respondent No.4 on 27.10.2025, against illegal construction being made by respondent No.6 by encroaching upon the public pathway in violation of Building Rules and GHMC Act. Basing on the said complaint, the Assistant City Planner, Malkajgiri Circle 28, GHMC, had issued a Show Cause Notice bearing No.1673/CIR-28/SEC-Z/GHMC, dated 12.11.2025, directing the respondent No.6 to stop the construction immediately and to provide the copies of the ownership documents and link documents along with the sanctioned plan, if any. In reply to the said show cause notice, respondent No.6 submitted reply dated 24.11.2025 stating that “the rooms built on the subject land were already in existence, but they were in a dilapidated condition, as such, he had demolished the old structure and constructed new rooms”. After considering the said reply, the Deputy Commissioner Circle No.28 GHMC, Malkajgiri, issued a notice stating that the submissions made in the said reply are found not satisfactory, since he is making unauthorized construction in the subject property in violation of the rules in force and hence, directed him to stop the construction work forthwith and further directed him to appear before the Deputy Commissioner, Circle No.28, Malkajgiri, GHMC, for personal hearing on 17.12.2025 and also directed to submit a reply along with relevant documents within (15) days. In pursuance of the said show cause notice, respondent No.6 has submitted his explanation stating that the buildings were in dilapidated condition as such, he had demolished the old structures and constructed new rooms. After considering the said reply, official respondent No.4/Dy.Commissioner Circle No.04-GHMC, Moula Ali, having found not satisfactory since he has deviated the sanctioned made unauthorized constructed rooms and shutters in the subject property in violation of the rules in force, Speaking Order was passed directing respondent No.6 to remove the above- mentioned unauthorized constructions made in the subject property within fifteen days, failing which further action will be taken to remove, alter or pull down the deviated unauthorized construction as per Section 636 of HMC Act/ as per Section 596 /Section 641(4)/ Section 461-A of HMC Act.

4. The main grievance of the petitioner is that subsequent to the issuance of the impugned Speaking Order, no further action is initiated by the official respondent authorities. Aggrieved by the same, the petitioner has filed the present writ petition.

5. Sri G.Madhusudhan Reddy, learned Standing Counsel for GHMC appearing for respondent Nos.2 to 5 would submit that the GHMC authorities are taking appropriate steps for implementing the impugned speaking orders dated 20.01.2026.

6. Since the respondents have already issued a notice in Speaking Order dated 20.01.2026 further notice to respondent No.6 in this writ petition is dispensed with.

7. Having considered the above facts and circumstance, recording th