Citation : 2026 Latest Caselaw 551 Tel
Judgement Date : 9 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.10699 of 2026
DATE OF ORDER: 09.04.2026
Between:
Sri Nadeem Ahmed Khan
...Petitioner
AND
The State of Telangana, represented by its Principal Secretary, Municipal
Administration and Urban Development (MA & UD) Department,
Dr.B.R.Ambedkar Telangana State Secretariat Building, Hyderabad and
others.
...Respondents
ORDER:
Heard Sri A.Venkatesh, learned Senior Counsel representing Sri
R.Anurag, learned counsel on record for the petitioner, learned Standing
Counsel for HYDRA appearing for respondent Nos.2 and 3, and learned
Standing Counsel for GHMC appearing for respondent Nos.4 and 5. With the
consent of both the parties, the writ petition is being taken up for disposal.
2. This writ petition has been filed seeking the following prayer:-
"to issue a Writ, Orders or Direction, particularly in the nature of Writ of Mandamus:-
a) Declaring the action of the Respondents in interfering with the possession of the petitioner over land admeasuring 226 sq.yards
H.No.8-15-16/19/3 (PTIN-1115506301), situated at Mailardevpally village, within the limits of GHMC Rajendranagar Circle, Rajendranagar Mandal, Ranga Reddy District, Telangana by threatening to demolish the structures in the subject property as contrary to the orders passed by this Hon'ble High Court in W.P.no.1491 of 2025, dated 20.01.2025 as bad, arbitrary, illegal, and unconstitutional, being violative of Articles 14, 21, and 300A of the Constitution of India;
b) Consequently direct the respondents not to interfere with the possession of the petitioner over subject property without following due process of law and;
c) Pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the case..."
3. Learned Senior Counsel appearing for the petitioner would submit that
the petitioner has purchased the subject property by way of a registered sale
deed dated 04.07.2024 and the schedule of the property mentions that there is
residential house bearing Municipal No.8-15-16/19/3, (PTIN - 1115506301),
admeasuring 226 square yards, situated at Mailardevpally Village,
Rajendranagar Circle, Rajendranagar Mandal, Ranga Reddy, Telangana. It
is further submitted that, earlier the petitioner has filed W.P.No.1491 of 2025,
questioning the action of the respondent No.3 therein who is also respondent
No.3 herein, in threatening to demolish the petitioner property without
following due process of law. The Court, by order dated 20.01.2025, disposed
of the said writ petition granting time to the petitioner to submit copies of the
documents as stated by the respondent No.3 vide impugned notice dated
17.01.2025, and directed the respondents to consider the same and pass
appropriate orders. The relevant Para is extracted hereunder:
"In the light of the aforesaid submissions, this writ petition is disposed of granting (10) days time from today to the petitioner to submit copies of the aforesaid documents as sought by the 3rd respondent, vide notice dated 17.01.2025 and on receipt of the same, 3rd respondent shall
consider the same and pass an appropriate order strictly in accordance with law by putting the petitioner on notice and affording an opportunity of hearing. Thereafter respondent Nos.2 and 3 are at liberty to take action, if any, against the petitioner herein. They shall complete the said exercise within a period of four (04) weeks from the date of receipt of the aforesaid documents from the petitioner herein. Till then, respondent Nos.2 and 3 are directed not to dispossess the petitioner from the subject property. If the petitioner fail to submit copies of the said documents within 10 days from today, liberty is granted to Respondent Nos.2 and 3 to take action against the petitioner herein. There shall be no order as to costs."
4. Learned Senior Counsel further submits that pursuant to the said
order, the petitioner has submitted his explanation along with documents in
response to the notice dated 17.01.2025 in terms of the orders passed by this
Court to respondent No.3, on 31.01.2025. However, no action has been
initiated.
5. Learned Senior Counsel further draws attention that, one of the
neighbouring property owners have filed Writ petition No.10090 of 2026,
wherein a Coordinate Bench of this Court by order dated 22.04.2026 directed
not to proceed with the demolition of the subject property mentioned in that
writ petition. Learned Senior Counsel further submits that the petitioner
therein, in that writ petition is the neighbour of the petitioner herein and that
without passing any orders on the petitioners explanation submitted by the
petitioner and without following due process of law, the respondents are
taking steps and are threatening to demolish the structures standing on the
said property. Learned Senior Counsel fairly submits that though the
petitioner is in possession of the property, but they do not have the
permission/sanctioned plan.
6. Learned Senior Counsel also draws the attention of this Court to the
order passed by this Court in W.P.No.6611 of 2026, dated 03.03.2026, wherein
this Court has issued specific directions, particularly under clauses b, c and e,
mandating that the respondent authorities shall (i) notify and verify the status
of lands while dealing with properties vested in the Corporation, (ii) refrain
from interfering with properties which are subject matter of dispute, and (iii)
ensure that before taking any action, relevant records are verified and
communicated to the affected parties. It is submitted that in the present case,
without adhering to the said directions and without considering the
explanation submitted by the petitioner, the respondents are attempting to
resort to demolition.
7. Learned Standing Counsel appearing for the respondents submit that
as on date there are no instructions to take any steps with regard to the subject
property and that the explanation submitted by the petitioner would be
considered and appropriate action would be taken strictly in accordance with
law.
8. Heard and perused the record. Considering the submissions made by
the learned Senior Counsel appearing for the petitioner and the learned
Standing Counsel, this Writ Petition is disposed of, directing the respondent
authorities to follow the due procedure as contemplated under law before
taking any action on the petitioner's subject property.
9. It is made clear that the respondents shall not take any coercive steps,
including demolition, in respect of the subject property without following due
process of law. It is also made clear that this Court has not expressed any
opinion on the title, possession and rights of the petitioner on the subject
property. However, it is left open to the respondent authorities to follow due
procedure as contemplated under law before initiating any action on the
subject property.
10. Accordingly, with the above directions, this Writ Petition is disposed
of. Miscellaneous applications, if any pending, shall stand closed. No order
as to costs.
_________________________ N. V. SHRAVAN KUMAR, J Dated: 09.04.2026 ADT
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