Authorities must provide a fair opportunity of hearing and consider the party's explanation afresh before proceeding with the demolition of unauthorized constructions to ensure administrative fairness.

:: ORDER ::

This writ petition is filed for the following relief:

“to issue an appropriate Writ, order of direction more particularly one in the nature of Writ of Mandamus by declaring the impugned show cause notice dated 05.05.2026 in Notice No.400/TPS/C9/UZ/MMC/2026 issued by the respondent No.2 herein for demolition of un-authorized construction of 8th, 9th, 10th &11th floors on permitted 3 cellars + Ground + 7 upper floors in Sy.No.645, situated at Venkateshwara Colony, Uppal, Medchal-Malkajgiri District without considering the explanation submitted by the petitioner dated 16.05.2026 as arbitrary, illegal void abinitio besides violative of provisions of Hyderabad Municipal Corporation Act and Art.300-A of Constitution of India and consequently set-aside the same..”

2. Heard Sri A.Ravinder Reddy, learned Senior Counsel representing Sri Bidarkar Gopal, learned counsel for the petitioner and Sri Srinivas Rao Pachwa, learned Standing Counsel for respondent No.2.

3. The petitioner is challenging the impugned show cause notice dated 05.05.2026 issued by the 2nd respondent for demolition of the un-authorized construction of 8th, 9th, 10th and 11th floors on permitted 3 cellars + ground + 7 upper floors in Sy.No.645, situated at Venkateshwara Colony, Uppal. He further stated that the petitioner claims to have submitted his explanation on 16.05.2026 but apprehends that without considering his explanation, the respondents may demolish the subject property of the petitioner.

4. Sri A.Ravinder Reddy, learned Senior Counsel representing Sri Bidarkar Gopal, learned counsel for the petitioner, has drawn the attention of this Court to the letter addressed by the Chief City Planner, Town Planning Section (HO), Hyderabad, dated 04.12.2025 to the Director General, State Disaster Response & Fire Services, Government of Telangana, Hyderabad, bringing to the notice about the un-authorized construction and requesting the authorities to take necessary action for issuance of revised fire NOC for 3 cellars + Ground Floor + 11 floors for Hospital Building. He further submitted that the issue of regularization of construction of 8th, 9th, 10th and 11th floors is before the authorities and the authorities may be directed not to take any coercive action steps against the petitioner till consideration of the explanation submitted by the petitioner after affording a fair opportunity of the hearing to the petitioner.

5. Learned Standing Counsel for respondent No.2 has produced a copy of the written instructions, wherein it is stated that the office has verified the explanation of the petitioner and found that there are no merits in the explanation and accordingly the same has been rejected. He also submitted that the application of the petitioner for building permission is pending with the respondent authorities, but the owners are continuously working and making construction.

6. Having regard to the rival contentions, this Writ Petition is disposed of, at the stage of admission, with the consent of both the parties. The respondents are directed to consider the explanation of the petitioner dated 16.05.2026 afresh in respect of unauthorized construction of 8th, 9th, 10th and 11th floors on permitted 3 cellars + ground + 7 upper floors in Sy.No.645, situated at Venkateshwara Colony, Uppal and thereafter take action in accordance with law by giving an opportunity of hearing to the petitioner. However, the respondents are at liberty to seal the unauthorized construction till a decision