IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.34040 of 2025 DATE OF ORDER: 04.05.2026 Between:

Smt. M.Lakshmi ...Petitioner AND The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Hyderabad and 2 others.

...Respondents

ORDER:

This writ petition is filed seeking following prayer: “to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declaring the Notice No.7138/UC/C19/W 99/2025 Dt 17.10.2025 issued by the 2nd respondent without referring to any provision of law styling it to be a notice but ordered for removal of the tin shed on terrace floor within 15 days from the date receipt of the notice without even referring or considering the explanation dt 06.10.2025 as highly illegal unjust arbitrary exercise of power contrary to law and violative of principles of natural justice and consequently to set aside the same…”

2. Heard Smt. G.Sindhu, learned counsel for the petitioner, Sri G. Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.1 and 2, and learned counsel appearing for respondent No.3.

3. Brief facts of the case as stated are that the property admeasuring 189.53 square yards situated in Plot No.4, Vengalrao Nagar Colony, Hyderabad, originally belonged to the petitioner’s father, who purchased the same under a registered Sale Deed vide Document No.3920/1992 dated 19.10.1992 (hereinafter referred to as “the subject property/premises”). A building permission dated 14.12.1992 was obtained for construction of a residential building in the said premises. After the demise of her parents and husband, the petitioner has been residing in the subject property. Certain disputes arose between the petitioner and respondent No.3 in relation to portions of the building and undivided share in the property. Taking advantage of the said disputes, respondent No.3 repeatedly lodged complaints before the municipal authorities alleging unauthorized construction over the terrace portion of the premises. Based on such complaint, respondent No.2 issued notice No.7138/UC/2022 dated 26.07.2022 directing the petitioner to stop the alleged unauthorized construction of a tin shed over the existing Ground + 2 upper floors in premises bearing No.8-3-191/269/4, Plot No.4, Vengal Rao Nagar, and to submit an explanation within a period of seven (07) days. In response thereto, the petitioner submitted a reply dated 01.08.2022 stating that the alleged construction was covered under the Building Regularization Scheme (BRS) application submitted in the year 2016 and therefore could not be treated as unauthorized and requested the authorities to drop further proceedings. Without considering the said explanation and without conducting any enquiry or inspection, respondent No.2 passed an order dated 08.08.2022 directing demolition/removal of the alleged unauthorized construction within three days. Aggrieved thereby, the petitioner filed W.P. No.32184 of 2022 before this Court. By order dated 16.08.2022, this Court directed the respondents to inspect the premises by taking into consideration the BRS application of the year 2016 and the photographs produced by the petitioner and further observed that, if any construction made after 2016 was found, the respondents were at liberty to proceed in accordance with law after issuing notice. Till such time, the petitioner was directed not to undertake any further construction.

4. It is further submitted that respondent No.2 passed another order dated 05.09.2022 directing removal of the alleged illegal constructions within a period of seven (07) days from the date of receipt of the above said order. Challenging the same, the petitioner filed W.P. No.36694 of 2022 contending that the inspection conducted by the authorities was not in compliance with the directions issued by this Court in W.P. No.32184 of 2022. In the said writ petition, this Court, by interim order dat