[Cites 1, Cited by 0]
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
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:-
"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.
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
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
