Telangana High Court
M/S. Girnar Developers vs The State Of Telangana on 21 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
AND
THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
WRIT APPEAL No.460 of 2026
DATED: 21.04.2026
Between:
M/s. Girnar Developers, A registered partnership firm,
Having its office at Shop No.235, 2nd floor,
Door No.15-1-92/1 to 17, 15-1-52/A, 15-1-52/1 to 6,
Mahaveer Plaza, Feelkhana, Hyderabad,
represented by its Partners
... Appellant
AND
The State of Telangana, represented by its Principal Secretary,
Municipal Administration and Urban Development Department,
Secretariat, Hyderabad & 3 others
... Respondents
JUDGMENT:
Heard Mr. Vedula Venkataramana, learned Senior Counsel representing
M/s. Bharadwaj Associates, appearing for the appellant/writ petitioner and
Ms. Yenuka Nishitha Manvi, learned counsel representing Mr. Midde Arun
Kumar, learned Standing Counsel for Greater Hyderabad Municipal Corporation
(GHMC), appearing for respondent Nos.2 to 4.
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2. The present writ appeal arises from an order dated 07.04.2026 passed in a
pending Writ Petition No.10185 of 2026 which reads as under:
“Learned Government Pleader for Municipal Administration & Urban Development takes notice
on behalf of respondent No.1.
Mr. K.Ravi Mahender, learned Standing Counsel for GHMC takes notice on behalf of
respondent Nos.2 to 4.
At request of learned counsel appearing for respondent Nos.2 to 4, for filing counter, post this
matter on 08.06.2026.”
3. The appellant/writ petitioner had approached the writ Court with the
following prayer:
“For the reasons stated in the accompanying affidavit, the Petitioner herein prays that this
Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly
one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in issuing the
impugned Sealing Notice No.142/10/TPS/DC/C35/KZ/GHMC/UC/2026 dated 30-03-2026 and in
simultaneously sealing the House Property Bearing GHMC No. 3-5-142/9 (corresponding to
Municipal No. 3-5-142 and 3-5-121) and 3-5-142/10, admeasuring 1210 square yards, situated at
Eden Garden King Koti Hyderabad, on the same day, as ex facie illegal, arbitrary, violative of the
principles of natural justice and Articles 14 and 21 of the Constitution of India, and contrary to the
provisions of the GHMC Act, 1955, is liable to be declared as unsustainable and liable to be set
aside by this Hon’ble Court and pass such other order or orders as this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case.”
4. Writ Petitioner had also preferred an interlocutory application i.e.,
I.A.No.1 of 2026 with prayer for unsealing of the entire premises of the writ
petitioner pursuant to the sealing which took place vide notice dated 30.03.2026.
5. Learned Senior Counsel appearing for the appellant submits that the
Corporation has initiated proceedings under Sections 452(1) and 461(1) of the
Greater Hyderabad Municipal Corporation Act, 1955 (hereinafter referred to as
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‘the GHMC Act‘) vide show cause notice dated 20.01.2026 to which the writ
petitioner replied on 11.02.2026 also bringing to its notice that an interim order
has been passed by the learned IV Junior Civil Judge, City Civil Court,
Hyderabad in O.S.No.659 of 2024 along with I.A.No.400 of 2024 seeking
injunction against the GHMC. Writ petitioner is the owner of the house
property bearing GHMC Nos.3-5-142/9 and 3-5-142/10, measuring 1210 square
yards, situated at Eden Garden, King Koti, Hyderabad. It requested to drop the
further proceedings. However, thereafter a speaking order was passed on
05.03.2026 holding that there is no legal impediment to take action on the
construction of building “unauthorised construction of Cellar + Stilt + 6 upper
floors + pent house in premises bearing H.No.3-5-142/10, Street No.2, Eden
Garden Road, King Koti, Ram Koti, Hyderabad”, as they are in violation of the
building permit order. Therefore, writ petitioner was directed to demolish the
construction within 15 days from the receipt of notice, failing which further
action would be taken up under Sections 636 and 461-A of the GHMC Act and
expenses thereon will be recovered from it. It is submitted that the writ
petitioner approached the writ Court after issuance of the demolition order dated
05.03.2026 and the sealing notice dated 30.03.2026. Though the matter was
taken up on 07.04.2026 but the learned writ Court did not pass any order on the
interlocutory application seeking suspension of the impugned Sealing Notice
dated 30.03.2026.
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6. Learned Senior Counsel for the appellant has inter alia also urged other
grounds on merits questioning the impugned order. However, since the learned
writ Court did not pass any order on the interlocutory application, it has been
compelled to approach this Court in appeal as on account of the sealing of the
entire premises, the residents are unable to access or exit the same premises.
Therefore, there is an urgency in the matter.
7. Learned counsel for the GHMC submits that on 07.04.2026, time has been
allowed to the respondents to file counter affidavit and the matter has been
posted on 08.06.2026.
8. Upon hearing learned Senior Counsel for the appellant and the learned
counsel for the contesting respondents-GHMC and the facts and circumstances
noted above, since the impugned proceedings relate to sealing of the subject
premises pursuant to an order for demolition dated 05.03.2026 passed by the
respondent Corporation and that sealing of the premises has also been made
pursuant to the notice dated 30.03.2026, the interim prayer made by the wit
petitioner was required to be considered by the learned writ Court. In such
circumstances, this appeal has been entertained. However, since the writ
petition is pending and the prayer for interim relief has yet not been taken up by
the learned writ Court, this Court refrains from making any comments on the
merits of the case of the parties. Therefore, we are inclined to request the
learned writ Court to take up the interlocutory application filed by the writ
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petitioner seeking suspension of the impugned sealing notice dated 30.03.2026
on an urgent basis. Let the writ petition be posted on I.A.No.1 of 2026 before
the learned writ Court on 24.04.2026. Till the next date before the writ Court
i.e., 24.04.2026, the respondent Corporation would refrain from giving effect to
the order of demolition dated 05.03.2026.
9. The instant Writ Appeal stands disposed of accordingly. However, there shall
be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
______________________________________
APARESH KUMAR SINGH, CJ
______________________________________
G.M.MOHIUDDIN, J
Date: 21.04.2026
KL