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2026 Supreme(Online)(Tel) 17979

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. Shravan Kumar, J
MOHAMMED WAHEEDUDDIN KHAN – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION Nos.11224 and 11320 of 2026



The court directed authorities to determine if a heritage structure notified under an older G.O. is protected under the Telangana Heritage (Protection and Conservation) Act, 2017, while maintaining the status quo to prevent irreversible destruction.

Headnote:(A) Heritage Protection - Notified Structures - Conflict between Government Order and Statutory Act - Whether a structure notified under G.O. Ms. No. 102 (1998) remains protected after the enactment of the Telangana Heritage (Protection and Conservation) Act, 2017. (Para 7, 9)

(B) Right to Life - Preservation of Heritage - Recognition that the preservation of heritage structures can be considered a part of the right to life under Article 21 of the Constitution of India. (Para 6)

(C) Statutory Power - Modification of Heritage Inventory - Under Section 5 of the Telangana Heritage (Protection and Conservation) Act, 2017, the Government possesses the power to supplement, alter, or modify the inventory of protected heritages. (Para 11, 12)

Issues: Whether the subject property (Chiran Fort/Palace) is protected under the existing legal framework and whether the respondents are obligated to prevent its demolition.

Table of Content
1. petitioners seek protection of a notified heritage structure from unauthorized demolition. (Para 1 , 2 , 3 , 4 , 5)
2. conflict between the validity of g.o. ms. no. 102 and the telangana heritage act, 2017. (Para 6 , 7 , 8 , 9)
3. government's statutory power to modify the inventory of protected heritage structures. (Para 11 , 12)
4. direction to authorities to consider representations while maintaining status quo. (Para 13 , 14 , 15 , 16)

COMMON ORDER:

W.P. No.11224 of 2026 is filed for the following relief:

“…to issue writ order or direction more particularly one in the nature of writ of Mandamus and declaring the action of the respondent Nos.2 to 6 for not taking any action on the representation of petitioner dated 06.04.2026 not preventing the illegal and unauthorised demolition of a notified heritage structure known as Chiran Fort/Chiran Palace situated at Patigadda Begumpet Hyderabad as arbitrary, illegal unconstitutional and violative of statutory mandates including G O Ms No 102 MA Department dated 23 03 1998 and also in violation of their statutory duties to protect the notified heritage structures…”

2. W.P. No.11320 of 2026 is filed for the following relief:

“…to issue writ order or direction more particularly one in the nature of writ of Mandamus and declaring the action of the respondents more particularly the respondent Nos.1 to 6 inspite of receiving Petitioner’s representation dated 07.04.2026 in failing to protect the Heritage Structure notified in Gazette Notification bearing Municipal No.18333 known as Paigah Palace part Popularly known as Chiran Fort Club situated at Begumpet, Secunderabad, TG where the Unofficial respondent Nos.8 and 9 are proceeding with demolition of the said Notified Heritage Structure for their unjust enrichment and the silence of the Official respondents amounts to arbitrariness discriminatory exfacie illegal, highhanded and dereliction of duty by giving colouarable exercise to their statutory powers and consequently may direct the respondents more particularly the respondent Nos.2 to 6 to protect the Heritage Structure notified in Gazette Notification bearing Municipal No.18333 known as Paigah Palace part Popularly known as Chiran Fort Club situated at Begumpet, Secunderabad, TG from any kind of demolition carried out by anybody more particularly by the unofficial respondent Nos.8 and9 in the light of the Petitioner’s representation dated 07.04.2026…”

3. Since the issues involved in both the writ petitions are identical and arise out of similar facts, they are heard together and are being disposed of by this common order. For the sake of convenience, W.P.No.11224 of 2026 is taken up as a lead case.

4. Brief facts of the case as stated are that the petitioners are the legal heirs and successors of Sir Viqar-ul-Umra, a distinguished nobleman and former Prime Minister of the erstwhile Hyderabad State, stated to be the original owner of the property known as “Chiran Fort / Chiran Palace.” The Petitioners, being lawful claimants, assert their rights, title, and interest over the said heritage property. It is submitted that the subject property, popularly known as “Chiran Fort / Chiran Palace” (also referred to as “Chiran Fort Club”), forms part of Devdi Iqbal- ud-Dowla (Paigah Palace), bearing Municipal Nos. 1-8-321 to 1-8-338, including Municipal No. 1-8-333, situated at Begumpet, Secunderabad. The said Chiran Fort Palace was constructed in the late 19th century (circa 1880) is historically associated with Sir Viqar-ul-Umra, who was also instrumental in the construction of notable architectural landmarks such as the Falaknuma Palace. It is further submitted that the said property is more than 145 years old and has been duly recognized as a Grade-II protected heritage structure and it forms an integral part of the historic Paigah palace complexes, comprising several devdis of exceptional cultural and architectural significance. It is further submitted that t

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