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2026 Supreme(Online)(Tel) 17840

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD


THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA


WRIT PETITION No.16894 of 2026


29.05.2026


Between:

Dr.M.Anand Kumar and another

...Petitioners

AND

The Union of India, Ministry of Defence,

South Block, New Delhi,

Represented by its Secretary and 2 others

...Respondents

ORDER:

This Writ Petition is filed declaring the action of respondent No.2 in issuing notice vide Lr.No.SCB/EB/P.No.11/Nutan_CHS/853, dated 15.05.2026 directing to vacate the premises to proceed with demolition without further notice, as illegal, arbitrary, violative of principles of natural justice, the provisions of the Cantonment Act, 2006, and Articles 14, 19, 21 and 300A of the Constitution of India.

2. Heard Sri T.Surya Satish, learned counsel for the petitioners and Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, for respondent No.1. Perused the record.

3. The petitioners are tenants in the premises owned by the 3rd respondent situated at Hasmathpet Road, Secunderabad Cantonment, wherein they have been running their respective clinic and business since 2019 after investing substantial amounts. The 2nd respondent issued notice dated 15.05.2026 directing the occupants to vacate the premises within 48 hours for demolition of the alleged unauthorized construction without further notice. The petitioners submit that they were neither served with any prior notice nor made parties to any proceedings and that the construction was made with due permission. Aggrieved by the threat of illegal eviction without due process, this Writ Petition is filed.

4. Learned counsel for the petitioners further submits that the petitioners are willing to vacate the subject premises within a period of 60 days from today.

5. Learned Deputy Solicitor General of India appearing for respondent Nos.1 and 2 submits that the impugned notice dated 15.05.2026 was issued in accordance with law against the unauthorized construction. It is further submitted that though the petitioners are only tenants, the respondents have no objection if reasonable time is granted to vacate the premises.

6. In view of the above submissions, this Writ Petition is disposed of granting the petitioners a period of 60 days from today to vacate the subject premises. Till expiry of the said period, respondents shall not take any coercive steps against the petitioners. There shall be no order as to costs.

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

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