2026 Supreme(Online)(Tel) 17939
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Dachaboina Sai Nath – Appellant
Versus
The State of Telangana – Respondent
WP 14688/2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.14688 of 2026 DATE OF ORDER: 04.05.2026 Between:
Dachaboina Sai Nath.
…Petitioner AND The State of Telangana, rep.by its Principal Secretary, Municipal Administration and Urban Development Department, Telangana Secretariat, Hyderabad and four others.
…Respondents
ORDER:
Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri.G.Madhusudhan Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondent Nos.2 to 4. With their consent, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition has been filed seeking the following relief:-
“ to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of Respondents 1 to 4 in failing to act upon the representation dated 13.04.2026, and their failure to implement the Speaking Order dated 04.04.2024 and the binding directions of this Hon’ble Court in W.P.No.15643 of 2024, as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India; consequently direct Respondents 1 to 4 to forthwith execute the Speaking Order dated 04. 04. 2024 and demolish the unauthorized construction and public road encroachment by Respondent No. 5 effectively restoring the public road to its original sanctioned width of 30 feet, and also to restore the displaced electricity pole to its original position.”
3. Learned counsel for the petitioner submits that respondent No.5, who is the neighbour of the petitioner, has been making unauthorized construction consisting of Ground + 2 upper floors in the property bearing H.No.27-97/3/B, Survey No.152, situated at Old Neredmet Village, Malkajgiri Mandal, Medchal– Malkajgiri District, without obtaining any construction permission from the competent authorities. In support of the said contention, learned counsel has drawn the attention of this Court to the photographs filed along with the writ affidavit showing the nature of the construction undertaken by respondent No.5. It is submitted that, upon noticing the illegal construction activity, the petitioner along with other residents of the locality made complaints before the respondent authorities seeking action against respondent No.5. Acting upon the said complaints, the respondent authorities issued a notice under Section 461 of the GHMC Act on 13.03.2024. Thereafter, a show-cause notice dated 28.03.2024 was issued to respondent No.5. Subsequently, the respondent authorities passed a speaking order dated 04.04.2024 holding that the construction being carried out by respondent No.5 was unauthorized.
4. Learned counsel further submits that, despite the aforesaid speaking order, the respondent authorities failed to take consequential action for removal of the unauthorized construction. In the meanwhile, respondent No.5 filed O.S. No.362 of 2024 before the Court of the Principal Junior Civil Judge, Kushaiguda, and obtained an interim order of status quo on 02.05.2024 in I.A. No.645 of 2024.
5. Aggrieved by the inaction of the respondent authorities in proceeding further against the unauthorized construction, one of the residents of Old Neredmet Village filed W.P. No.15643 of 2024 before this Court. This Court, by order dated 21.06.2024, passed the following order:
“Having regard to the submissions made as above, this Court is of the considered view that the respondents-authorities are to be directed to take steps to get the order of status quo vacated by bringing all the relevant facts to the notice of the concerned Court including the judgment of this Court in Municipal Corporation of Hyderabad vs. Philomena Education Foundation, as well as the High Court’s Circular dated 20.02.2017 in ROC No.7/Reg.Judl/2017, which was yet again reiterated in Circular da