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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. Madhavi Devi, J
ANAND KUMAR LAHOTI – Appellant
Versus
State of Telangana – Respondent
WRIT PETITION No.16685 OF 2026
| Table of Content |
|---|
| 1. challenge to a demolition order based on adherence to sanctioned plans and lack of specific notice of deviations. (Para 1 , 2 , 3 , 4) |
| 2. a speaking order for demolition is void if the show cause notice fails to specify the details of the deviations. (Para 5) |
| 3. disposal of the writ petition with liberty to the authorities to issue a fresh, detailed notice. (Para 6) |
ORDER
In this writ petition, the petitioners are challenging the speaking order dated 05.05.2026 passed by respondent No.4, which directs them to demolish the unauthorized construction within 15 days from the date of receipt of the notice.
2. Sri Midde Arun Kumar, learned Standing Counsel appearing for respondent Nos. 2 to 4, has drawn the attention of this Court to the building permission obtained by the petitioners on 27.11.2025, and thereafter to the building permit order and work commencement letter dated 08.12.2025 for stilt plus two upper floors.
3. Learned counsel for the petitioners submits that the petitioners are carrying out construction strictly in accordance with the sanctioned plan, and that the respondents, without any valid reason, have issued the impugned speaking order dated 05.05.2026. Though the speaking order refers to the show cause notice dated 14.04.2026, no such notice has been served on the petitioners. Even if it is presumed that the show cause notice dated 14.04.2026 was issued, it does not specify the details of the deviations if any.
4. Learned Standing Counsel, however, submits that there is a reference to the show cause notice dated 14.04.2026 in the speaking order and also it was served on the petitioners on 20.04.2026 as mentioned in the impugned speaking order. According to his oral instructions, the petitioners have not maintained the required setbacks as per the building permission and, therefore, the show cause notice was issued to them.
5. This Court finds that even in the show cause notice, the details of the deviations, if any, are not mentioned. Therefore, the speaking order dated 05.05.2026 is without any basis and it is, accordingly, set aside with liberty to respondent Nos.2 and 3 to issue a fresh show cause notice specifying the details of the deviations, if any, and thereafter to take action in accordance with law after considering the explanation of the petitioners, if any.
6. Accordingly, this writ petition is disposed of at the admission stage with the consent of both parties. There shall be no order as to costs.
As a sequel, miscellaneous applications, if any, pending in this writ petition stand closed.
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