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2026 Supreme(Online)(Tel) 18153

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD


THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA


WRIT PETITION No.17070 of 2026


04.06.2026


Between:

Mr.Prasanth Varma Penmetsa

…Petitioners

AND

The State of Telangana,

Represented by its Principal Secretary,

Municipal Administration and Urban Development Department (MAUD),

Secretariat, BRKR Bhavan, Hyderabad and 3 others

…Respondents

ORDER:

This Writ Petition is filed seeking to declare the action of the respondents in attempting to demolish H.No.3-73/40/36 in Sy.No.40, Khajaguda Village, Serilingampally Mandal, Ranga Reddy District, Hyderabad, Telangana, is illegal, arbitrary, unconstitutional, and contrary to the directions of the Hon’ble Supreme Court in Re: Directions in the Matter of Demolition of Structures (2024 INSC 866), and consequently seeks a direction restraining the Respondents from demolishing, interfering with, or disturbing the Petitioner’s peaceful possession of the subject property.

2. Heard M/s.Sirgapoor Sahil Reddy, learned counsel for the petitioner and Sri G.Madhusudhan Reddy, learned Standing Counsel for GHMC for respondent Nos.2 to 4. Perused the record.

3. Learned counsel for the Petitioner submits that the petitioner purchased the subject property through a registered Sale Deed dated 01.05.2025 and has been in lawful possession and enjoyment of the property ever since. The Petitioner’s ownership is reflected in the water, electricity, and property tax records. However, the Respondents issued the show-cause notice dated 22.11.2025 and the demolition order dated 27.04.2026 only to the previous owner, Sri Dilawar Hussain, without informing or hearing the Petitioner. The Petitioner came to know about these proceedings only when the Respondent authorities attempted to demolish the property on 29.05.2026. It is contended that the demolition proceedings were initiated without notice to the Petitioner and are in violation of the principles of natural justice. He further submits that if the demolition of the 3rd, 4th and 5th floors of the subject property is permitted to proceed, it will cause the Petitioner grave, irreparable injury. Hence, this Writ Petition.

4. Learned Standing Counsel for GHMC submits that the building at H.No.3-73/40/36 was constructed in violation of the sanctioned building permit obtained by Sri Dilawar Hussain, dated 23.11.2023. It is stated that the 3rd, 4th and 5th floors were constructed unauthorisedly beyond the permitted plan, and that the required setbacks were not maintained, in violation of the GHMC Act, 1955, the Building Bye-Laws, and the TG-bPASS Act, 2020. It is further submitted that a show-cause notice was issued on 22.11.2025 and a personal hearing was granted on 26.11.2025. Since no reply was filed and no one attended the hearing, GHMC passed orders dated 27.04.2026 directing removal of the unauthorised constructions within 15 days, failing which demolition would be carried out and costs recovered from the owner.

5. In view of the submissions made by the learned counsel for the parties and on perusal of the material on record, this Court finds that the impugned proceedings have been initiated in respect of unauthorized constructions made in deviation of the sanctioned building plan. The record shows that a show-cause notice was issued on 22.11.2025 and an opportunity of personal hearing was also afforded before passing the order dated 27.04.2026. The contention of the petitioner regarding absence of notice to the present owner does not vitiate the proceedings, as the action pertains to unauthorized constructions carried out in violation of the sanctioned plan. This Court finds no procedural irregularity or illegality warranting interference under Article 226 of the Constitution of India.

6. Accordingly, the Writ Petition is dismissed. No order as to costs.

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

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