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Telangana High Court

Md.Shoeb Hussain vs The State Of Telangana on 6 April, 2026

Author: Surepalli Nanda

Bench: Surepalli Nanda

 IN THE HIGH COURT FOR THE STATE OF TELANGANA
                AT HYDERABAD

      HON'BLE MRS. JUSTICE SUREPALLI NANDA

            WRIT PETITION No.5687 OF 2026

                    DATE: 06.04.2026
Between :

     Md. Shoeb Hussain
                                                ... Petitioner
                           AND
The State of Telangana rep. by its Principal
Secretary Department of Roads and Buildings
Secretariat Buildings, Hyderabad and 7 others.
                                             ... Respondents
ORDER

Heard Sri Mohammed Rahail Ahmed, learned

counsel appearing on behalf of the petitioner, learned

Assistant Government Pleader for Revenue, appearing

on behalf of respondent No.2, learned Assistant

Government Pleader for Roads and Buildings,

appearing on behalf of respondent No.3, learned

Assistant Government Pleader for Home, appearing on

behalf of respondent No.7 and learned Assistant

Government Pleader for Panchayat Raj Rural

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Development, appearing on behalf of respondent

No.8.

2. The petitioner approached the Court seeking

prayer as under:

"...to issue a writ, order or direction, more particularly a writ of Mandamus declaring the inactions of respondents for removing the Flag Pole and Name Board of the Dr. B. R. Ambedkar in front of house of the petitioner bearing H.No.1-37/2, Bus Stand Area, Sirpur Town, Komuram Bheem Asifabad District as illegal, arbitrary, discriminatory, ultra vires, null and void, against the statutory powers conferred under the law, against principles of natural justice and in violation of the fundamental and constitutional rights of petitioner, in the interest of justice and equity".

3. The case of the petitioner, in brief as per the

averments made in the affidavit filed by the petitioner

in support of the present Writ Petition is as under:-

The petitioner on an earlier occasion filed W.P. No.

10746 of 2021 before this Court when some unknown

persons were trying to erect a statue without any

permission from any authority in front of the house of

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petitioner and this Court passed its order dated 23.04.2021

directing the respondent No.3 not to permit any such

unauthorized illegal construction or erection or installation of

any statute contrary to law. The petitioner made

representations dated 01.01.2026, 02.01.2026, 14.02.2026

and 01.05.2023 but the respondents failed to remove the

installed flag pole and Name Board of Dr.B.R. Ambedkar

erected in front of the house of the petitioner. Aggrieved

by the same, the petitioner had approached this Court by

filing the present writ petition.

4. PERUSED THE RECORD

DISCUSSION AND CONCLUSION:

5. The limited relief as sought for by the petitioner

in the present writ petition is a direction to the

District Collector/Respondent No.2 and the

Tahasildar, Sirpur 'T' Mandal, Komurram Bheem,

Asifabad District/Respondent No.5 to take

appropriate action duly considering the request of

the petitioner for the immediate removal of the Flag

Pole and Name Board erected in front of petitioner's

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house and not to permit any unauthorized or illegal

construction, or erection installation of any statue

contrary to law as directed earlier by this Court in

W.P. No.10746 of 2021 vide its Judgment dated

23.04.2021.

6. The learned counsel appearing on behalf of the

petitioner mainly puts forth the following

submissions:

(a) That on an earlier occasion the petitioner had

filed W.P. No. 10746 of 2021 and this Court, vide its order

dated 23.04.2021, disposed of the said writ petition by

directing the respondent No.3 thereunder not to permit any

unauthorized or illegal construction, erection or installation

of any statue contrary to law.

(b) The 3rd respondent in W.P. No. 10746 of 2021

had been directed to consider any proposal for the

installation of statue without causing any inconvenience to

the local residents in any manner.

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of the petitioner herein, the respondents had installed a Flag

Pole and Name Board of Dr. B.R. Ambedkar in front of house

of petitioner herein,

(d) In spite of repeated requests made by the

petitioner for removal of Flag Pole and Name Board in front

of the house of petitioner, no action had been initiated as on

date. Aggrieved by the same, the petitioner had approached

this Court by filing the present writ petition.

7. The learned Assistant Government Pleader,

appearing on behalf of respondents submits that the

writ petition could be disposed of by directing the

respondent No.2 and the respondent No.5 to consider

the grievance of the petitioner as put forth in the

petitioner's representation dated 02.01.2026 in

accordance to law, within a reasonable period.

8. Learned counsel appearing on behalf of the

petitioner does not dispute the said submission made

by the learned Assistant Government Pleader,

appearing on behalf of the respondents.

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9. A bare perusal of the record indicates that vide letter

dated 31.01.2023 of the Assistant Executive Engineer (R&B)

Section, Sirpur (T), specific directions were issued to the

Tahsildar, Sirpur (T) to take serious view of the matter

regarding the construction of a Pedestal for a statue on

Sirpur Bejjur road without prior permission referring to the

application filed by the petitioner dated 28.01.2023 and also

the order passed in favour of the petitioner in W.P.

No.10746 of 2021, dated 23.04.2021. A bare perusal of the

record further indicates that the representation of the

petitioner, referring to the said order dated 23.04.2021

passed in W.P. No. 10746 of 2021 had been brought to the

notice of the District Collector/respondent No.2 herein

requesting immediate action for removal of the installed

flag pole and Name Board, but however, in spite of the

representation of the petitioner dated 02.01.2026 and the

specific directions issued vide letter dated 31.01.2023 by

the Assistant Executive Engineer (R&B) Section, Sirpur (T)

addressed to the Tahsildar, Sirpur (T), the grievance of the

petitioner had not been addressed as on date and no steps

had been initiated by the official respondents as on date.

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10. Taking into consideration :

(a) The aforesaid facts and circumstances of

the case,

(b) The submissions made by the learned

counsel appearing on behalf of the petitioner learned

Assistant Government Pleader, appearing on behalf of

respondents

(c) The order of this Court dated 23.04.2021

passed in W.P. No.10746 of 2021,

(d) The letter dated 31.01.2023 of the Assistant

Executive Engineer (R and B) Section Sirpur (T)

addressed to the Tahsildar, Sirpur (T),

The writ petition is disposed of directing the

respondent Nos. 2 and 5 to consider the grievance of

the petitioner as put forth vide petitioner's

representation dated 02.01.2026 addressed to the

respondent Nos.2 and 5 herein seeking removal of the

installed flag pole and Name Board in front of

petitioner's house bearing H.No.1-37/2, Bus stand

Area, Sirpur Town, Komuram Bheemn Asifabad

District, duly taking into consideration the earlier

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order of this Court dated 23.04.2021 passed in W.P.

No. 10746 of 2021, in favour of the petitioner and the

specific directions of the Respondent No.6 issued vide

letter dated 31.01.2023 to the respondent No.5 and

pass appropriate orders in accordance to law, within a

period of two (2) weeks from the date of receipt of a

copy of the order and duly communicate the decision

to the petitioner herein on petitioners' representation

dated 21.01.2026. There shall be no order as to

costs.