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2026 Supreme(Online)(Tel) 31922

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Aparesh Kumar Singh, CJ, Vakiti Ramakrishna Reddy, J
Lateef Mohammed Khan – Appellant
Versus
State of Telangana – Respondent
Writ Appeal No.1009 of 2026



Advocates:
For the Appellants/Petitioners: Mahadev Anyarambhatla
For the Respondents: G. Bhaskar, Midde Arun Kumar

Service of notice by affixing it to a building under Section 630(d) of the GHMC Act is valid only if the other prescribed modes of service are unavailable; otherwise, proper service of notice is a prerequisite for further legal action.

Headnote:(A) Service of Notice - GHMC Act - Section 630(d) - Affixing a notice on a conspicuous part of a building is a secondary mode of service, permissible only if the primary means provided under clauses (a) to (c) are unavailable. (Para 7, 8)

(B) Due Process - Demolition of Structures - Coercive action such as demolition must be preceded by proper service of notice in accordance with law and compliance with the directions of the Apex Court. (Para 11)

Issues: Whether the service of notice by affixing it to the wall was legally valid under Section 630 of the GHMC Act without demonstrating that other modes of service were exhausted.

Order:

2. Petitioner in W.P.No.1829 of 2021 has preferred the instant Writ Appeal against order dated 25.08.2026, passed by the learned writ court, dismissing the said Writ Petition.

3. In the impugned order, learned writ court has referred to four different notices issued under Sections 450 , 452(1) and 461(1) of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the GHMC Act’), which according to respondents were endorsed as ‘wall pasted’, and held that the appellant (writ petitioner) could not assail the same as misconceived as the respondents have followed the procedure prescribed under Section 630 of the GHMC Act.

4. The matter related to alleged demolition of a structure belonging to the appellant by damaging its roof in pursuance of the impugned notices, which the appellant contended as arbitrary and illegal on the ground that there is a valid building permit order dated 18.12.2020 in respect of the subject property bearing plot No.1 and permit order in respect of plot No.2 was yet to be issued when the impugned action was taken without compliance of the principles of natural justice.

5. Learned counsel for the appellant contends that the notices were affixed on wall without following the other procedures prescribed under the relevant provisions of the GHMC Act, and as such, the appellant had denied receipt of any such notices.

6. Heard learned counsel for the parties and perused the materials placed on record including Section 630 of the GHMC Act.

7. Section 630 of the GHMC Act prescribes various modes of effecting service of notice. As per clause (d) thereof, if none of the means provided under clauses (a) to (c) is available, a notice, bill, schedule, summons or other document could be affixed on some conspicuous part of the building.

8. Respondents contended that the notices have been endorsed as ‘wall pasted’ in terms of Section 630 (d) of the GHMC Act. They, however, did not disclose as to whether the other modes were exhausted before such pasting of notices on wall.

9. In the aforesaid circumstances, learned Standing Counsel for GHMC submits that further impugned action could be taken after proper service of notice upon the appellant in accordance with law.

10. Learned counsel for the appellant has also relied upon a recent decision of the Apex Court in Directions in the matter of Demolition of Structures, In Re 1(2025) 5 SCC 1 and specifically referred to the directions contained at paragraph 93 thereof.

11. Needless to say the respondents would follow the procedure prescribed under the GHMC Act and also the directions of the Apex Court in the decision referred to hereinabove.

12. The appellant shall also cooperate by accepting any such notice served upon him in accordance with law, whereafter further proceedings could be undertaken by the respondents.

13. Let it be made clear that we have not gone into the merits of the case of the parties.

14. The instant Writ Appeal is accordingly disposed of. No costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

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