Telangana High Court
M/S.Swastik Glass vs The State Of Telangana on 25 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.8912 of 2026
DATE OF ORDER: 25.03.2026
Between:
M/s. Swastik Glass
Rep. by its Proprietor
Mr. Surender Joshi
...Petitioner
AND
The State of Telangana,
Rep. by its Principal Secretary,
Municipal Administration & Urban Development
Department,
Secretariat, Hyderabad & 5 others
...Respondents
ORDER:
This writ petition is filed questioning the action of respondent Nos.2 and 3 in not taking any action pursuant to the petitioner's representations dated 26.02.2026 and 11.03.2026 bringing to their notice regarding illegal structures, business sign boards and food stalls being set up by respondent Nos.5 and 6 by illegal encroaching onto the footpath thereby obstructing ingress and egress of pedestrians and causing severe inconvenience to the petitioner and pedestrians. A consequential prayer is sought to direct respondent 2 Nos.2 and 3 to remove the illegal structures, business sign boards and food stalls being setup by the adjacent shops on footpath.
2. The facts giving rise to the filing of the present writ petition are as follows:
The petitioner firm is into sale of automobile and domestic glass and is running its business at Shop No.34, MCH. No.1-7-27 to 34 and 1-7-206 to 228 (old) and 139 (new) in the estate of United Builders, MG Road, Secunderabad (hereinafter referred as subject property") for the past 25 years. The case of the petitioner is that the respondents Nos.5 and 6 have encroached onto the footpath by putting up sign boards and had left no place for the pedestrians to walk and causing inconvenience to the petitioner's customers. To support his contentions, learned counsel has drawn attention of this Court to the copy of photographs of the subject property. It is further submitted that the petitioner on 26.02.2026 and 11.03.2026, made representations and requested respondent Nos.2 and 3 to take action on the encroachments on footpath, however, the same are still pending for consideration. Aggrieved by the same, this writ petition is filed.
3. Learned counsel for the petitioner submits that in similar circumstance this Court in W.P.No.2645 of 2026 dated 02.02.2026 has passed the following order:-
3
"20. However, it is made clear that since the photographs filed in the writ petition also shows that there are several encroachments/shops in the said area and upon recording the submissions of the learned counsel for the petitioner and that the issue is common and for the purpose of implementation of the earlier orders of this Court and Hon'ble Supreme Court and that the entire area is identified as commercial activity area, the above directions will also apply mutatis mutandis to all those persons who have raised unauthorized constructions on the footpath or extensions made to their properties by deviating from the sanctioned building/road plans occupying the footpaths. The respondent authorities are further directed to restore the footpaths to its original condition. Further the respondent No.2 shall cause enquiry on all the erring officers for not complying with the orders of this Court and directions issued by the Hon'ble Supreme Court from time to time and shall identify and remove the unauthorized constructions particularly in the said area and on the streets of Hyderabad and ensure that no further encroachments are permitted.
21. With the above observations, this writ petition stands disposed of.
22. The respondent No.2 is directed to file compliance report before the Registry of this Court within a period of three (3) months from the date of receipt of a copy of this order stating that the order of this Court and the directions issued by the Hon'ble Supreme Court concerning illegal encroachments on footpaths have been implemented in their respective zones. Registry is directed to communicate the order to respondent Nos.1 and 2."
4. Learned counsel for the petitioner prays this Court to pass similar orders as passed in W.P.No.2645 of 2026 dated 02.02.2026. 4
5. Learned standing counsel for GHMC appearing for respondent Nos.2 to 4 submits that if the petitioner's representations dated 26.02.2026 and 11.03.2026 are still pending for consideration, the respondent authorities would consider the same and take action in accordance with law.
6. In the case on hand, it is relevant to refer to the order passed by this Court in W.P.No.4174 of 2026 dated 11.02.2026, relevant portion is extracted hereunder:-
"10. Since the provisions of the GHMC Act, 1955 mandates issuance of notice to the person concerned and the GHMC authorities are empowered to examine and decide the issue with respect to unauthorized constructions, by issuing notice to the concerned parties, the respondent authorities are directed to issue notice to concerned parties. As such, notice to respondent Nos.5 and 6 is dispensed with."
7. Heard learned counsel for the petitioner and learned counsel representing Mr. G.Madhusudhan Reddy, learned Standing Counsel for GHMC, who takes notice on behalf of respondent Nos.2 to 4.
8. Recording the submissions made by the learned counsel appearing on either side and in terms of the order passed by this Court in W.P.No.2645 of 2026 dated 02.02.2026 and W.P.No.4174 of 2026 dated 11.02.2026, the respondent Nos.2 to 4 are directed to consider the petitioner's representations dated 26.02.2026 and 11.03.2026 and after giving opportunity of hearing to the petitioner 5 and respondent Nos.5 and 6, shall restore the footpaths to its original condition. The respondent No.2 is directed to file compliance report before the Registry within a period of three (3) months from the date of receipt of a copy of this order. Since, the respondent authorities are directed to issue notice to respondent Nos.5 and 6, notice to respondent Nos.5 and 6 is dispensed with.
9. It is also clarified that in the event of respondent Nos. 5 and 6 are otherwise aggrieved may avail remedy of filing application seeking modification of this order, in accordance with law.
10. With the above observations, this writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications if any pending in this petition, shall stand closed.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 25.03.2026 Nsk