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2026 Supreme(Online)(Tel) 17062

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. Madhavi Devi, J
Tukaram Londee Rahul – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No. 16542 of 2026



Tenants cannot claim a better right or title than the owner of the property and thus lack an independent legal standing to challenge eviction notices issued by authorities regarding unauthorized constructions on said property.

Headnote:The petitioners, claiming to be tenants of a property in Hyderabad, challenged a notice dated 30.04.2026 directing them to vacate the premises within three days. The court noted that the notice was issued pursuant to a previous order in W.P.No. 40499 of 2025, which directed action if the property was found to be an unauthorized construction. The primary issue was whether tenants possess an independent right to challenge an eviction notice issued by municipal authorities. The court reasoned that since the petitioners are only tenants, they cannot claim a better right or title than that of the owner of the property, and therefore have no independent right to question the action initiated by the respondents. The petitioners are permitted to continue in the premises and vacate the same on or before 30.05.2026.

ORDER

This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the official respondents in issuing notice vide Lr.No.568/2/13/ACP/CIR-30/GZ/GHMC/2026, dated 30.04.2026, directing the petitioners to vacate the property bearing H.No.13-2-568/1, situated at Raheempura, Mangalhat, Goshamahal, Hyderabad, within a period of three days from the date of receipt of said notice, though the said building is occupied by petitioners herein as tenants by virtue of rental agreements, as illegal and arbitrary and consequently to set aside the notice dated 30.04.2026 and to pass such other order or orders.

Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri M. Arun Kumar, learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondents No.2 to 4.

The petitioners claim to be the tenants of the property bearing H.No.13-2-568/1, situated at Raheempura, Mangalhat, Goshamahal, Hyderabad, which has been directed to be vacated by the Municipal Corporation vide impugned notice dated 30.04.2026. It is submitted that the petitioners have no alternative premises to move to, particularly in view of the fact that only three days’ time was granted for vacating the subject premises.

It is noticed from the orders of this Court in W.P.No . 40499 of 2025 that the authorities were directed to take action if subject property was found to be an unauthorized construction and pursuant thereto, the respondents issued the impugned notice.

Since the petitioners are only tenants and cannot claim a better right or title than that of the owner of the property, they have no independent right to file the present Writ Petition questioning the action initiated by the respondents.

Learned counsel for the petitioners submitted that the petitioners undertake to vacate the premises if reasonable time is granted to them till the end of this month.

Taking the said undertaking into consideration, the petitioners are permitted to continue in the premises and vacate the same on or before 30.05.2026. The respondents are at liberty to take appropriate action in accordance with law immediately thereafter.

With the above observations, this Writ Petition is disposed of. No order as to costs.

Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

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